McCurry v. Cunningham

1. Under the showing made, it does not appear that the judge abused his discretion in overruling the motion for a continuance, based upon the absence of one of the parties, who was also of counsel for the defendants and would testify in their behalf.

[(«,) Counsel failing to state in their place that they could not go safely to trial without the presence of the absent party, his absence as a party did not constitute a sufficient cause for continuance. Civil Code of 1910, § 5717.

[(&)' It did not appeqr from the affidavit of the absent witness or otherwise that he was physically unable to attend…