Bliss v. Carlson

The opinion of the court was delivered by

Brewer, J.:

The only question presented by counsel is, whether there was error in refusing a continuance. The action was brought before a justice of the peace; the amount claimed was $115, and claimed as a balance on a building-contract, due since July 1872. On appeal to the district court judgment was recovered for $61.50. The affidavit for continuance was filed in the latter court on March 26th 1875, and alleged as ground for continuance the absence of a material witness. In reference to his absence, and the probability of .procuring his testimony,…