United States v. Rio Grand Dam & Irrigation Co., 184 U.S. 416 (1902)

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United States v. Rio Grand Dam and Irrigation Company

No. 239

Argued November 14-15, 1901
Decided March 3, 1902
184 U.S. 416

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

The motion made in the court below on behalf of the United States for a continuance of this cause and the application for a rehearing were addressed to the discretion of the trial court, and this Court cannot reverse the decree below merely upon the ground that the trial court erred in its denial of those motions; but, as it is quite clear that the record does not contain evidence of a material character, and that the absence of such evidence is due to the action of the trial court in not giving sufficient time to the government to prepare its case, this Court cannot resist the conviction that, if it proceeds to a final decree upon the present record great wrong may be done, and it reverses the decree below without considering the merits, and remands the case with orders that leave should be granted to both sides to adduce further evidence.