Fleming v. Hawley
California Supreme Court Sep 1, 1884 No. No. 8854Published
Synopsis
Continuance — Dismissal of Complaint — Intervention.— The granting of a continuance and dismissal of a complaint in intervention being, under the circumstances, discretionary with the court, held that, where there is no abuse of discretion, the order of the lower court refusing the same will not be interfered with on appeal.
By the COURT. We cannot say the court below abused its discretion in refusing a continuance of the trial of the cause. Nor, under the circumstances appearing, can we hold as error the refusal of the court to permit the dismissal of the complaint in intervention. There was no judgment against the intervener for costs, as seems to be supposed by counsel.
Judgment and orders affirmed.
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