52 F. 379 | 4th Cir. | 1892
A motion for continuance is addressed to the discretion of the court below. Its action thereon is not reversible here. Woods v. Young, 4 Cranch, 237; Sims v. Hundley, 6 How. 1. In Banks’ Edition of the Supreme Court Reports all the cases are quoted in a note to this case. The first exception is overruled.
Nor will this court entertain an exception because of the refusal of the court below to grant a new trial. This is wholly within its discretion. Parsons v. Bedford, 3 Pet. 433; Insurance Co. v. Folsom, 18 Wall. 237; Railroad Co. v. Fraloff, 100 U. S. 24; Cattle Co. v. Mann, 130 U. S. 75, 9 Sup. Ct. Rep. 458; Railroad Co. v. Winter, 143 U. S. 75, 12 Sup. Ct. Rep. 356. The fourth exception is overruled.
The second and third exceptions have been earnestly pressed. They will be considered together. The position taken is this: S. B. Dick, one of the plaintiffs, being president of the Phoenix Company, had con