1. The court did not err in refusing to continue the case because of the absence of a witness who had not been subpoenaed (Civil Code (1910), § 5715) ; the evidence supports the verdict; and the motion for a new trial was properly overruled.
2. The request for an award of damages under the Civil Code (1910), § 6213, because it is contended that the case was taken up for delay only, is denied. Judgment affirmed.
Broyles, G. J., and Bloodworlh. J.. concur.
*686IK. I. Geer, for plaintiff in error. P. B. Rich, contra.