Simons v. Mathis

1. In all applications for continuances upon the ground of the absence of a witness, it must be shown to the court, among other things, that “such witness is not absent by the permission, directly or indirectly,” of the applicant and that “he expects he will be able to procure 'the testimony of such witness at the next term of the court.” Civil Code, § 5715. The motion for a continuance in this case, being based on the absence of witnesses, ■ and being defective in these two important particulars, was properly overruled by the court.

2. There is no substantial merit in the other special…