Jacks v. Buell

Citations

• 47 Cal. 162

Syllabus

<p>Questions on Motion fob New Tbial.—Questions respecting the sufficiency of the complaint cannot be presented upon a motion for a new trial, nor considered on an appeal from an order denying a new trial.</p> <p>Affidavit fob Continuance.—An affidavit stating, that four days prior thereto, the party had placed a subpena for absent witnesses in the Sheriff’s hands, and that the Sheriff had not been able to find tliem, does not show sufficient diligence to obtain a continuance.</p> <p>Review of Obdeb Denying Continuance.—A denial of a motion for a continuance cannot be reviewed, except on a bill of exceptions.</p>