 | William Peter Van Ness - 1804 - 92 pages
...the Court, really material. Second, that the party who applies has becn guilty of no laches. Third, that the witness can be had at the time to which the trial is to be deferred. ' If all these requisites were not complied with, then was the Chief Justice right... | |
 | Esek Cowen, New York (State). Supreme Court - 1837 - 826 pages
...material, and appears to the court so to be. 2. That the party who applies has been guilty of no neglect. 3. That the witness can be had at the time to which the trial is deferred." tt'ilmot, J. said the rule is the same in criminal and civil cases; and Yates, J. said, whatever indulgence... | |
 | Edward William Cox - 1850 - 786 pages
...material, and appears to the court so to be; second, that the party has been guilty of no neglect ; third, that the witness can be had at the time to which the trial is postponed." These rules, we know by every day's experience, are required to be observed even in capital... | |
 | Henry Norris Copp - 1884 - 136 pages
...his testimony ; 2. The exercise of proper diligence to procure the attendance of the witness ; and 3. That the witness can be had at the time to which it is sought to have the trial deferred(k). The question of sufficiency of notice in contested land... | |
 | John Proffatt, Abraham Clark Freeman - 1885 - 858 pages
...material, and appears to the court so to be; 2. That the party who appears has been guilty of no neglect; 3. That the witness can be had at the time to which the trial is deferred: Rex v. D'Eon, 1 W. Black. 615. The witnesses are said to be in Tennessee. No compulsory process can... | |
 | Henry Norris Copp - 1886 - 136 pages
...of his testimony; 2. The exercise of proper diligence to procure the attendance of the witness ; and 3. That the witness can be had at the time to which it is sought to have the trial deferred(k). The question of sufficiency of notice in contested land... | |
 | Frank Sumner Rice - 1894 - 1062 pages
...MacJeey v. Com. 80 Ky. 345, 4 Ky. L. Rep. 179; People Y. Ah Yute, 53 CaL 613. been guilty of no neglect. 3. That the witness can be had at the time to which the trial is deferred." Wilmot, J., said that the rule is the same in criminal and civil cases; and Yates, «/i, efiid, whatever... | |
 | Great Britain. State Trials Committee - 1894 - 610 pages
...material, and appears to the Court so to be ; second, that the party has been guilty of no neglect ; third, that the witness can be had at the time to which the trial if postponed." These rules, we know by every day's experience, are required to be observed even in... | |
 | William Winthrop - 1896 - 852 pages
...material and appears to the court so to be ; 2. That the party who applies has been guilty of no neglect ; 3. That the witness can be had at the time to which the trial is deferred." In our own law, it is directed by par. 1013 of the present Army Regulations, (par. 887 of 1861,) as... | |
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That the party who ap'plies has been guilty of no neglect. 3. That the witness can be had at the time to which the trial is deferred. 
