Nielsen

This is an action to quiet title to certain mining claims in Inyo County. In her “answer” the defendant alleged that she had leased the property from the two first-named plaintiffs, that those plaintiffs had falsely represented themselves to be the sole owners of the property, and prayed for damages. This answer was filed on August 31, 1932. A memorandum for the purpose of having the cause set for trial was served on the defendant’s attorney on September 23, 1932, and on September 26, 1932, the court set the trial for October 11, 1932. Notice thereof was served on the defendant’s attorney on September 30, 1932. When the case came on for trial on October 11, 1932, the defendant moved for a continuance. The motion was denied and the trial continued resulting in a judgment in favor of the plaintiffs, from which the defendant has appealed.

The main ground of appeal is that the trial court abused its discretion in refusing to grant a continuance. The only argument made is that one of the plaintiffs, D. W. Winzeler, was a necessary witness for the appellant and that it was an abuse of discretion not to grant a continuance for a time sufficient to enable the appellant to take his…