Pilot Rock Creek Canal Co. v. Chapman
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action brought to recover damage done to a ditch by reason of defendants mining in the canon above, and running down sediment and earth into the ditch. Defendants alleged that they were miners, and claimed priority of . location and working their claim. When the case was called for trial, defendants moved for a continuance of the case on the ground of absent witnesses.
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Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action brought to recover damage done to a ditch by reason of defendants mining in the canon above, and running down sediment and earth into the ditch. Defendants alleged that they were miners, and claimed priority of . location and working their claim. When the case was called for trial, defendants moved for a continuance of the case on the ground of absent witnesses. This motion was based on the affidavit of one of the defendants, showing diligence in attempting to obtain the testimony of such…
1Opinion of the CourtBaldwin, J.
Field J., concurring.
The first assignment of error in this case is for the refusal of the Court below to grant a continuance on the affidavit of the defendant.
In the case of Musgrove v. Perkins (9 Cal. 211) we held that “ the granting or refusal of a continuance rests in the sound discretion of the Court below; and its ruling will not be reviewed except for the most cogent reasons. The Court below is apprised of all the circumstances of the case and the previous proceedings, and is, therefore, better able to decide upon the propriety of granting the application than an appellate Court; and…
2Cases cited1 opinion
- Musgrove v. PerkinsCalifornia Supreme Court · 1858
3Cited by5 opinions
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