104 Wash. 202 | Wash. | 1918
This action was commenced June 7, 1917, against the defendants, who are the executors of the last will and testament of Orion O. Denny, who died in Seattle, February 26, 1916. Issues were joined and the cause set for trial January 3, 1918. On December 28, 1917, upon motion supported by affidavit, plaintiff asked for a continuance, and again on January 3, 1918, at the date of the trial, renewed her motion for continuance, supported by additional affidavits. These motions were both denied, whereupon, plaintiff being unable to proceed further, judgment of dismissal with costs was granted the defendants. From this judgment, plaintiff appeals.
The controlling question is whether the trial court abused its discretion in denying a continuance and
The record of this case being incomplete, the affidavits in support of the motions for a continuance and for a new trial being stricken, the appeal must be dismissed, and the judgment is affirmed.