Thornton v. Thompson

In a case where an application for continuance on the ground of the absence of a witness has been refused, “the party whose application has been refused should move for a new trial, and support the application by the affidavit of the absent witness, if such affidavits can be obtained, or it should be shown to the court that they cannot be obtained. Unless this be done this court will not interfere, in civil cases, with the action of the lower court”: Pilot Creek Canal Co. v. Chapman, 11 Cal. 162. The granting or refusing of a continuance rests very much in the discretion of the court, and its…