gno.law

Pierson v. Holbrook

California Supreme Court · · 1852-10-15 · Published · 2 Cal. 598

HIRAM PIERSON v. CHARLES M. HOLBROOK

Proceeding
appeal
Outcome
affirmed — Judgment affirmed, with costs.
Area
civil
Panel
Heydeneeldt (author)

Analysis

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Opinion — Heydeneeldt

Heydeneeldt, Justice, delivered the opinion of the Court, Murray, Justice, concurring.

Appeal from the refusal of a continuance.

The defendant’s answer was filed May 10th, 1852, and the application for a continuance, to take the testimony of a witness in New York, was filed June 14th, 1852, during which time no attempt was made to sue out a commission for the purpose.

This is not sufficient diligence to entitle a party to the indulgence applied for. One half of the time which would be required to take the testimony, was allowed to elapse without *599action. When the distance and delay are so great, every consideration requires that parties should be held to the strictest diligence.

Judgment affirmed, with costs.