168 Ky. 377 | Ky. Ct. App. | 1916
OPINION OF THE COURT BY
Affirming.
This suit was filed on the 10th day of April, 1914, and summons was served on the Insurance Commissioner on the 4th day of May, 1914. No steps looking to a trial were had at the June term of the circuit court, but on
Section 3.15, Civil Code,.provides that when a motion to postpone a trial on account of the absence of a witness is made, and the party moving for the continuance has filed his affidavit showing the materiality of the evidence expected to be obtained from such witness, and that due diligence has been used to obtain it, and the facts which the party could prove by such witness, and then if the adverse party will consent that on the trial'the affidavit shall be read as the deposition of the -absent witness, “the trial shall not be postponed on account of his absence. ” "
The motion- for a continuance is always addressed to the sound discretion of the trial court, and unless such discretion has been abused, the action of the court will not be disturbed. McClurg v. Igleheart, 17 R., 913, 33 S. W., 80. It has oftentimes been held that the refusal to grant a continuance on account of the absence of a witness, when a statement of the facts which the absent witness would prove is admitted in evidence, is not an abuse of the discretion of the trial court. Hutton v. First National Bank, 20 R., 225, 45 S. W., 668; M. & L. R. R. Co. v. Herrick, 13 Bush, 122; L. H. & St. L. Ry. Co. v. Wilson’s Extr., 152 Ky., 657, 161 S. W., 517; Independent Life Insurance Co. v. Williamson, 152 Ky.,
An examination of the record and grounds for a continuance fails to lead to the conclusion that the trial court abused its discretion in denying the continuance,- and the judgment is affirmed.