 | Joseph Chitty - Criminal law - 1819 - 644 pages
...&c. in 1796 and 1797, (as before mentioned) concluded in the common form of an affidavit for putting off a trial on account of the absence of a material witness, that certain persons (by name) and several other persons were now in the West Indies ; and that he... | |
 | Great Britain. Court of King's Bench, Joseph Chitty - Civil procedure - 1820 - 626 pages
...dilatory in bringing the cause to issue. / id. ib. 7. It is not necessary to swear to merits in order to put off a trial on account of the absence of a material witness ; nor will the Court, in the first instance, impose the terms of paying money into Court. Cookstm v.... | |
 | William Tidd - Civil procedure - 1821 - 814 pages
...time to which the trial is prayed to be deferred 1 . It is not necessary to swear to merits, in order to put off a trial, on account of the absence of a material witness; nor will the court in the first instance" 1 , > -., nor even on a second application", impose the terms... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1823 - 800 pages
...fact was so, and added, that from the form of the judgment it appeared to be on a warrant of attorney. The Court then desired Chitty to direct his argument...on the record, a plea unconnected with the merits, he ought to be prepared with evidence to support it ; and that the indulgence now prayed for, would... | |
 | Joseph Chitty - Commercial law - 1824 - 1090 pages
...the trial till the return of the write of mandamus, on an affidavit in the common form for putting off a trial on account of the absence of a material witness, but he must lay before the court such special grounds by affidavit as may reasonably induce them to... | |
 | Thomas Beveridge - Civil procedure - 1826 - 1042 pages
...in terms of the rule and regulation in such case made and provided. Dated this day of 7. — Notice to put off" a trial on account of the absence of a material witness, or for other necessary cause. In the Jury Court. AB Pursuer. and CD • Defender. Take notice, That... | |
 | William Tidd - Civil procedure - 1828 - 666 pages
...must be made out, before the court will postpone the trial." And the court of Common Pleas refused to put off a trial, on account of *the absence of a material witness, by ['832] whose evidence the defence of stavery was intended to be established.? If the plaintiff refuse... | |
 | John Simcoe Saunders - Civil procedure - 1831 - 598 pages
...for a libel, &.c.post, "Libel." See furthermost, " Malicious Arrest." As to the necessary affidavit to put off a trial on account of the absence of a material witness, post, "Witness." AGENT, ACTIONS BY AND AGAINST. THIS title relates to the rights and liabilities of... | |
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On this point he contended that an application to put off a trial on account of the absence of a material witness was a matter of course. 
