Parrish v. Gardner , 3 Del. 495 ( 1842 )


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  • Mr. Wales, for the defendant, moved a continuance of this cause on the ground (supported by the defendant's affidavit,) of the absence of a material witness. The witness lived in Philadelphia, and had promised defendant to attend at this term; and defendant had written for him several times.

    The continuance was opposed.

    The Court. — If the matter is put to the court on the ground of legal diligence, we must refuse the application for a continuance. The defendant was bound to take out his commission under which the *Page 496 deposition of this witness could have been taken. If he chose to trust the promise of the witness and neglect taking a commission, it must he at his own risk. So if a party should trust to the promise of a resident witness without taking out subpoena.

    The motion was refused.

Document Info

Citation Numbers: 3 Del. 495

Filed Date: 7/5/1842

Precedential Status: Precedential

Modified Date: 1/12/2023