Light v. Richardson

Citations

• 3 Cal. Unrep. 745
• 31 P. 1123
• 1893 Cal. LEXIS 990

Syllabus

<p>Continuance—Absence of Parties.—Defendant and His Witnesses-were present at the time fixed for trial, but his attorney was absent from sickness. The court stated that the case would be continued on that account, and the defendant and his witnesses left without instructions as to future attendance. The next day the attorney was still sick, and the defendant and his witnesses did not appear. A motion for continuance was denied. Held, that the absence of defendant and his witnesses was excusable, and the continuance should have been granted.</p> <p>Continuance—Absence of Witnesses—Affidavit.—Code of Civil Procedure, section 595, which provides that “the court may require the moving party, where application is made on account of the absence of a material witness, to state on affidavit the evidence which he expects to obtain,” is not imperative, and should not be required of counsel when he cannot be aided in making the affidavit by his client, who is excusably absent.</p>