Jaffe v. Lilienthal

Citations

• 101 Cal. 175
• 35 P. 636
• 1894 Cal. LEXIS 1002

Syllabus

<p>Appeal—Bill of Exceptions—Delay in Filing—Review of Order.— When the trial court has determined that a delay in filing a bill of exceptions has not been unreasonable, its order will not be reviewed upon appeal in the absence of a bill of exceptions setting out all the facts.</p> <p>'Continúanoe—Necessary Absence of Plaintiff—Preparation for Trial.—Where, upon the day set for the trial of an action, the plaintiff’s attorney moved for a continuance upon affidavits showing that the plaintiff, who resided out of the state, was confined to his room by illness, and would not be able to leave his room for at least two months; that the plaintiff’s presence at the trial was indispensably necessary; that he was the only person who knew the whereabouts of the witnesses; that their names had not been communicated to plaintiff’s attorney, and that the attorney did not know the details of the case, it was error for the court to deny the continuance and proceed to a trial of the action.</p> <p>Id.—Presence of Parties at Trial—Waiver—Dismissal.—It is the right of parties to be present at the trial of their cases, unless such right is waived by voluntary and negligent absence without reasonable excuse; and a dismissal on account of the absence of a plaintiff which involves the destruction of his rights should not be imposed, unless justice clearly requires it.</p> <p>Id.—Contents of Affidavit—Materiality of Evidence.—An affidavit for a continuance on account of the absence of a party under section 594 of the Code of Civil Procedure need not show the materiality of the evidence expected to be obtained.</p>