United States Supreme Court Cases & Opinions

U.S. Supreme Court

TODD v. THOMPSON, 2 U.S. 105 (1790)

June Term, 1790

This cause being marked for trial, it was continued by the plaintiff; whereupon the defendant's counsel moved for a rule to try at the next term, or non pros. This, however,

Page 2 U.S. 105, 106

was opposed, the plaintiff's counsel alledging, that there was no default on his part, as the procrastination arose, in fact, from the absence of a material witness, and the late arrival of a record from New Jersey, which was so imperfectly exemplified, that it could not be offered in evidence. To this it was answered, that there had been no subpoena taken out for the absent witness; and that as the action had been depending for more than two years, there was evidently a laches in not obtaining the exemplification sooner.

By the Court: It is certainly a great default, that an earlier application was not made for the exemplification; and [2 U.S. 105, 107]

Full Text of Opinion