Dawson v. Coston
Supreme Court of Colorado
Appeal from the County Court of La Plata County. Action in replevin. Casper M. Coston commenced an action in replevin before a justice of the peace to recover the possession of a span of mules. On appeal to the county court the cause was tried to a jury. Verdict and judgment in favor of the plaintiff. Defendant Dawson appeals from that judgment, and assigns as error: First. The overruling of his motion for a continuance. Second.
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Appeal from the County Court of La Plata County. Action in replevin. Casper M. Coston commenced an action in replevin before a justice of the peace to recover the possession of a span of mules. On appeal to the county court the cause was tried to a jury. Verdict and judgment in favor of the plaintiff. Defendant Dawson appeals from that judgment, and assigns as error: First. The overruling of his motion for a continuance. Second. Error in giving instructions asked for by plaintiff. Third. In refusing to give the jury certain instructions asked by defendant. Further error is assigned on the…
1Opinion of the CourtJustice Goddard
We are clearly of the opinion that the first assignment of error is not well taken. The affidavit in support of the motion is insufficient in several particulars. It is insufficient in failing to show the materiality of the testimony of the absent witnesses to the issue to be tried. As was said in the case of Hewes v. Andrews, 12 Colo. 162:
“ The materiality of the testimony of the absent witness must be made to clearly appear, to authorize the granting of a continuance. When there are pleadings in the case, the court can determine by the issues made whether the facts stated are material or…
2Cases cited4 opinions
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Wray v. CarpenterSupreme Court of Colorado · 1891
- Keith v. WellsSupreme Court of Colorado · 1890
- Schoolfield v. HouleSupreme Court of Colorado · 1889
3Cited by20 opinions
- Melbourne v. StateSupreme Court of Florida · 1906
- Pierce v. EngelkemeierSupreme Court of Oklahoma · 1900
- Outcalt v. JohnstonColorado Court of Appeals · 1897
- Schwenk v. BolisSupreme Court of Colorado · 1965
- Baldwin Coal Co. v. DavisColorado Court of Appeals · 1900
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