Pope v. Dalton

By the Court, Currey, C. J.:

Ejectment for a lot of land in the City of San Francisco. The jury impanelled to try the cause found a verdict for the plaintiff on which judgment was entered. The defendant moved for a new trial, which was denied, and has appealed from both the judgment and order denying a new trial.

I. When the cause came on to be tried the defendant moved for its continuance on the ground of the absence of certain witnesses named, whom he deposed were necessary and material witnesses for defendant, without whose testimony he could not safely proceed to trial, and that he had no…