Sims v. Sowle

In this action for assault and battery the plaintiff had a verdict and judgment for $6,000 and defendant has appealed.

The alleged assault took place after one o’clock of a Sunday morning in the restaurant and bar of the Tourist Hotel in Hebo, Oregon. The defendant admitted in his answer that he struck the plaintiff and alleged that he did so in self-defense.

Defendant assigns as error the denial by the court of his motion for a continuance based on the ground *331that one James D. Hurliman, a material witness, could not appear at the trial and testify. The motion was supported by Hurliman’s…