16 S.D. 377 | S.D. | 1902
Lead Opinion
For the purpose of the trial, and pursuant to a stipulation of counsel, and the circuit court consolidated the above entitled actions for damages occasioned by the negligence of defendant in setting out a prairie fire by -which the property of plaintiffs was destroyed. The respective verdicts upon which a judgment for each plaintiff was entered are abundantly sustained by competent testimony, and no available error occurred at the trial; nor is any urged in the brief of counsel for appellant. The only claim meriting any attention is that a continuance should have been granted upon the application of the defendant, from which it appears that he was too ill to be present at the trial Beyond a statement of purported facts to which the defendant would testify if present at the trial, there is nothing in the showing for a continuance to indicate any special necessity for his presence; and it was expressly admitted by plaintiff that, if present, he would testify as set forth in the affidavit for a continuance. Under the common-law rule, followed by federal courts and several of the states, no error is assignable on account of the refusal to continue a case, either civil or criminal. Cox v. Hart, 145 U. S. 376, 12 Sup. Ct. 962, 36 L. Ed. 741; Electric Co. v. Dick, 3 C. C. A. 149, 52 Fed. 379; Insurance Co. v. Hodgson, 6 Cranch, 206, 3 L. Ed. 200; Baxter v. People, 3 Ill. 368; Sloan v. Guice, 77 Ala. 394; White v. Town of Portland, 63 Conn. 19. 26 Atl. 342; Com. v. Drake, 124 Mass. 21; Banks v. Manufacturing Co., 108 N. C. 282, 12 S. E. 741; Collins v. Smith, 16 Vt. 10. In other jurisdictions, where the application for a continuance
Concurrence Opinion
(concurring specially). The judgments of the circuit court should be affirmed because the record discloses no reversible error available to the defendant.
Corson, J. Por the reason stated by Mr. Justice Haney, I concur in affirming the judgments.