1 Cal. Unrep. 58
Decided February 24, 1857
California Supreme Court · decided 1857-02-24
<p>Appeal — Order Denying Continuance — Absence of Affidavits.— An appeal from an order denying a continuance will not be considered when the affidavits upon which the application was made are not embodied in the statement or bill of exceptions.</p>
Decided 1857-02-24
¶1— The only point made in this case is upon the refusal of the court to continue the cause upon the application of the defendant.
¶2The affidavits upon which the application was made are not embodied in the statement or bill of exceptions, and cannot, therefore, be considered.
¶3Judgment affirmed.