Jacks v. Buell
California Supreme Court
Appeal from .the District Court of the Twentieth Judicial District, Monterey County. The action was for rent. After issue was joined, the defendant moved for a continuance on account of the absence of certain witnesses, and, in support of his motion, filed an affidavit, in which the only showing of diligence was a statement that, four days before the date of the affidavit, the subpenas for the witnesses had been issued and placed in the hands of the Sheriff, and that the…
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Appeal from .the District Court of the Twentieth Judicial District, Monterey County. The action was for rent. After issue was joined, the defendant moved for a continuance on account of the absence of certain witnesses, and, in support of his motion, filed an affidavit, in which the only showing of diligence was a statement that, four days before the date of the affidavit, the subpenas for the witnesses had been issued and placed in the hands of the Sheriff, and that the Sheriff had not been able to find the witnesses. The motion was denied. The next day the cause was tried by the Court…
1Opinion of the Court
By the Court:
Upon a motion for a new trial, questions respecting the sufficiency of the complaint cannot be presented, for they are not comprehended in the statutory grounds of the motion; and where an appeal is taken, as here, from the order refusing a new trial, and not from the judgment, those questions cannot be considered by this Court.
The affidavit for a continuance did not show due diligence on the part of the defendant in procuring the attendance of the absent witnesses. But were the affidavit suffi*164cient in this respect, the action of the Court in denying the motion could not be…
2Cited by7 opinions
- People v. CollinsCalifornia Supreme Court · 1925
- Alpers v. HuntCalifornia Supreme Court · 1890
- Krantz v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
- Evans v. PaigeCalifornia Supreme Court · 1894
- Ross v. WaitSouth Dakota Supreme Court · 1892
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