Phillips & Son v. Bagwell Motor Car Co.

1. The ground of the motion for new trial alleging error “because the court erred in forcing defendant into trial without the witness I-Ioyt Bagwell” is without merit. It does not appear that the defendant made a motion for a continuance or postponement, or complied with the provisions of § 5715 of the Civil Code (1910).

2. The other questions raised by the motion for a new trial depend for decision upon a consideration óf a brief of- the evidence. While “the insertion of some questions and answers in a brief of evidence, where apparently necessary to present t\ie evidence with lucidity and…