Woods & Bemis v. Young
8 U.S. 237 (1808)

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U.S. Supreme Court

Woods & Bemis v. Young, 8 U.S. 4 Cranch 237 237 (1808)

Woods & Bemis v. Young

8 U.S. (4 Cranch) 237

ERROR TO THE CIRCUIT COURT OF THE DISTRICT

OF COLUMBIA FOR THE COUNTY OF WASHINGTON

Syllabus

The refusal of the court below to continue a cause after it is at issue cannot be assigned for error.

The plaintiffs below, Woods & Bemis, took a bill of exceptions to the refusal of the court to continue the cause till the next term upon their motion grounded on an affidavit stating the absence of a witness, the facts which they expected to prove by him, on a belief that he would prove those facts (which appeared to be material to the issue), that he resided in the State of Maryland, about 25 miles from the place of trial, had been summoned, and promised to attend; that the cause had been called at a former day for trial in the regular course of the docket, and was then postponed at the request of the plaintiffs on account of the absence of that witness; that the cause being now again called for trial, the witness was still absent, but it was expected that his attendance might be had at the next term.

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