General

MARIA ROSALIA ROBLES, Respondent, v. JOSE THEODORE ROBLES, Appellant

1 Cal. Unrep. 58·Supreme Court of California·1857·CA

I concur: Murray, C. J.

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Opinion

MARIA ROSALIA ROBLES, Respondent, v. JOSE THEODORE ROBLES, Appellant. No. 1320; February 24, 1857. 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. APPEAL from Third Judicial District, Santa Clara County. W. T. Wallace for respondent; W. W. Stow for appellant. [MAJORITY — TERRY, J.] TERRY, J. — The only point made in this case is upon the refusal of the court to continue the cause upon the application of the defendant. The affidavits upon which the application was made are not embodied in the statement or bill of exceptions, and cannot, therefore, be considered. Judgment affirmed. I concur: Murray, C. J.