Thompson v. Thornton

Citations

• 41 Cal. 626
• 1871 Cal. LEXIS 146

Syllabus

<p>CoirTimjAirOB.—If a party has stated his case to his attorney, and is advised that he has a good defense on the merits, and his attorney is unable to attend the trial by reason of the illness of his family, and the party first ascertains this on the morning of the day of trial, and is unable to try his own case or procure other counsel who understand the facts, a continuance should be granted, at least until other counsel can familiarize themselves with the facts.</p> <p>Motion to Vacate Writ of Habere Facias.—If the appellate Court grants a new trial, on an appeal from a judgment in ejectment in favor of the plaintiff, an application to vacate a writ of habere facias, issued during the pendency of the appeal, should be made to the Court below, and not to the appellate Court.</p>