Western & Atlantic Railroad v. Bennett

The court did not err in overruling the motion for a continuance upon the ground of the absence of a witness, where it was not made to appear to the court what the movant expected to prove by the witness, and where it appeared that the witness lived in another county and had not been served with subpoena. Civil Code (1910), § 5715. A recital in a motion for a new trial excepting to the overruling of a motion for continuance, that the movant expected to prove certain things by the absent witness, is not a compliance with this code section.

Counsel for the railroad company contends that the…