Rogers v. Cummings

Supreme Court of Iowa

Rogers v. Cummings

11 Iowa 459

Supreme Court of Iowa·Decided April 15, 1861·Published·Cited by 5 cases

Opinion

Lowe, C. J.

Applications of this kind are so entirely addressed to the favor and discretion of the court that unless it is clear and manifest, from the circumstances developed, that the court has abused this discretion we should not disturb such ruling. "When all the facts brought to light in the four affidavits made in support of the motion are duly considered we are by no means satisfied that the court abused its discretion.

Judgment affirmed.

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Lowe, C. J.

Applications of this kind are so entirely addressed to the favor and discretion of the court that unless it is clear and manifest, from the circumstances developed, that the court has abused this discretion we should not disturb such ruling. "When all the facts brought to light in the four affidavits made in support of the motion are duly considered we are by no means satisfied that the court abused its discretion.

Judgment affirmed.

Rogers v. Cummings, 11 Iowa 459 (iowa 1861).

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