
    D. J. TODD, SR., Administrator of D. J. TODD, JR., v. E. J. SMATHERS.
    (Filed 1 February, 1952.)
    Trial § 4: Appeal and Error § 37—
    A motion for continuance is addressed to the discretion of the trial judge, and, in the absence of manifest abuse, his ruling thereon is not reviewable.
    Appeal by plaintiff from Bless, J., at 17 September Term, 1951, of Foksyth.
    Civil action to recover damages for alleged wrongful death, heard upon motion of plaintiff to continue trial of this cause until a certain witness for plaintiff, who is now in the Armed Services of the United States, be available.
    
      Tbe trial judge, upon facts found as appear of record, ordered that tbe cause be not calendared for trial or tried before or during tbe October Term, 1951, of tbe court, and that subsequent thereto defendant shall be at liberty to calendar same for trial.
    Plaintiff appeals to Supreme Court, and assigns error.
    
      Fred S. Hutchins for plaintiff, appellant.
    
    
      Ratcliff, Vaughn, Hudson, Ferrell & Carter for defendant, appellee.
    
   PbR CuRiam.

A motion for continuance is addressed to tbe discretion of tbe trial judge, and, in tbe absence of manifest abuse, bis ruling thereon is not reviewable. S. v. Parker, 234 N.C. 236, and cases cited.

And on tbe facts presented on this record, we are of opinion that no such abuse has been made to appear. Hence this appeal will be, and it is hereby

Dismissed.  