Boone v. Lightner
319 U.S. 561 (1943)

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U.S. Supreme Court

Boone v. Lightner, 319 U.S. 561 (1943)

Boone v. Lightner

No. 698

Argued May 3, 4, 1943

Decided June 7, 1943

319 U.S. 561

Syllabus

Section 201 of the Soldiers' and Sailors; Civil Relief Act of 1940, providing for stays in court proceedings involving persons in military service, addresses to the discretion of the court the question whether "the ability of . . . the defendant to conduct his defense is not materially affected by reason of his military service." In the circumstances of this case, denial of a stay at the instance of a defendant in military service was not an abuse of that discretion. Pp. 319 U. S. 565, 319 U. S. 572.

222 N.C. 205, 22 S.E. 426, affirmed.

Certiorari, 318 U.S. 750, to review the affirmance of a judgment against a defendant who, during the time of the proceeding, was in the military service.

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