Wilkinson v. Parrott

Citations

• 32 Cal. 102

Syllabus

<p>Continuance.—It is not an abuse of discretion for the Court to refuse a continuance on account of the voluntary absence of the defendant on important business at the time the case has been set for trial, when it does not appear that the business could not have been delayed, nor could not have been attended to by some one else, nor that the facts were not in the possession of his attorney.</p> <p>Damages from Bite op Dog.—It is not necessary, in an action for damages sustained by the bite of a dog, for the plaintiff to prove that the defendant owned the dog. It is sufficient on this point for the plaintiff to prove that the defendant kept the dog.</p> <p>Exception to Instructions.—Instructions given by the Court to the jury must be excepted to, in order to enable the appellant to take advantage of errors in them if such exist.</p> <p>Reversal op Judgment.—A judgment will not be reversed for an error favorable to the appellant.</p> <p>New Trial.-—A judgment will not be reversed on the ground that the verdict is contrary to the evidence, if the testimony is conflicting.</p>