Pierson v. Holbrook

California Supreme Court

Pierson v. Holbrook

2 Cal. 598

DecidedOctober 15, 1852

StatusPublished

This text of 2 Cal. 598 (Pierson v. Holbrook) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pierson v. Holbrook, 2 Cal. 598 (Cal. 1852).

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Opinion

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 [599]*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.

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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 [599]*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.

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Bluebook (online)

2 Cal. 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierson-v-holbrook-cal-1852.