Pierce v. Payne

Citations

• 14 Cal. 419

Syllabus

<p>An affidavit for continuance, on the ground that a witness is absent from the State, must aver, that the party cannot, to his knowledge, prove the same facts by any other witness.</p> <p>Where judgment for damages is for more than the amount claimed in the complaint, the excess may be remitted, and the judgment stand.</p>