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First National Bank v. Title Guaranty & Surety Co.

Supreme Court of Pennsylvania
First National Bank v. Title Guaranty & Surety Co., 238 Pa. 75 (Pa. 1913)
85 A. 1126; 1913 Pa. LEXIS 927
Brown, Cueiam, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart

First National Bank v. Title Guaranty & Surety Co.

Opinion of the Court

Pee Cueiam,

This action was upon a bond given to indemnify the plaintiff from loss which might result from the embezzlement or larceny by an employee. The only assignment of error to be considered relates to the refusal of the court to continue the case because of the absence of a material witness who at the time was imprisoned in *78the Philippine Islands. A motion for the continuance of a case is addressed to the sound discretion of the court and its order will not be overruled in the absence of clear proof of an abuse of power. That does not appear in this case.

The judgment is affirmed.

Reference

Full Case Name
First National Bank of Leechburg v. Title Guaranty and Surety Company
Cited By
1 case
Status
Published
Syllabus
Practice, C. P. — Trial—Continuance—Discretion of court. A motion for the continuance of a case is addresssed to the sound discretion of the trial court, and its order will not be overruled by the appellate court in the absence of clear proof of an abuse of power.
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