Where the law authorizes the issuance of an attachment, if the party resort to his subpoena only to obtain the attendance of a witness, it is not sufficient diligence to entitle him to a continuance on account of the absence of the witness.

We are unable to determine from any statement of facts in this case whether the charge of the court was or was not calculated to mislead the jury.

The judgment of the district court is affirmed.

Affirmed.