...that his testimony could be procured within a reasonable time. Лпоп. 3 Day, 308. Upon a motion for a continuance, on the ground of the absence of a material witness, the court, if it sees cause to suspect that the party is mistaken, or that his object is delay, may...

...respectable adjudications, however, to the effect, that if the Court suspect that a party's object, who moves for a continuance on the ground of the absence of a material witness, is delay, they may examine him as to what he expects to prove by such witness, or require him to go...

...the defendant's affidavit sufficient. Rule granted. PURCELL v. BURKE. December 1. Johnston, QC moves for a continuance on the ground of the absence of a material witness. COURT. At this period in the term you cannot give the plaintiff four days to answer the rule, and you...

...the defendant's affidavit sufficient. PURCELL v. BURKE. December 1. Rule granted. Johnston, QC moves for a continuance on the ground of the absence of a material witness. COURT. At this period in the term you cannot give the plaintiff four days to answer the rule, and you...

...appealed and at the May Term, being the trial term of the case on the appeal, both parties appeared and defendant moved for a continuance, on the ground of the absence of a material witness, residing in Forsyth county. He stated what he expected to prove by the witness, and that he had failed...

...forth in the affidavit, and compel the defendant to go to trial. Ibid. 4. The admission of un affidavit for a continuance, on the ground of the absence of a material witness, in evidence, is an admission of the truth of the facts which the affidavit states can be proved by...

...affected the legality of this trial. As to the contention that the court erred in refusing to grant a continuance on the ground of the absence of a material witness, it was admitted by appellee that said witness would, if present, testify to the facts set out in the...

...left immediately after the killing. When the case was called for trial and plaintiff announced ready, defendant moved for a continuance, on the ground of the absence of a witness who resided in the County, and had been duly subpoenaed, and by whom defendant expected to...

...order appeared in the case, May term, 1863. When the case was called for trial at the May term, 1864, the defendant moved for a continuance on the ground of the absence of a witness, one Edward Sheehan. On being sworn he stated he had conversed with the witness and believed...

...the cause was, by consent, set for trial (and no jury called for) on May 9th, on which day plaintiffs moved for a continuance, on the ground of the absence of a material witness. Defendant admitting that the witness would swear to what plaintiff Kercheval deposed he would swear...