 A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it.  The Pacific Reporter - Página 1791891Vista completa - Acerca de este libro
 | New York (State). - 1850 - 920 páginas
...whom they have no control. § 768. A motion to postpone a trial for the absence of evidence, can only be made upon affidavit, showing the materiality of...The court may also require the moving party to state the evidence which he expects to obtain, and if the adverse party thereupon admit, that such evidence... | |
 | Kentucky - 1851 - 548 páginas
...docket. § 357. A motion to postpone a trial on account of the absence of evidence, can be made only upon affidavit showing the materiality of the evidence...obtained, and that due diligence has been used to obtain it ; and, if it is for an absent witness, the allidavit must show what facts the alliant believes... | |
 | California - 1854 - 270 páginas
...deposition. Third: The court may also require the moving party to state, upon toq«tate1ttM>P*rt:r affidavit, the evidence which he expects to obtain, and if the adverse eridence. party thereupon admit that such evidence would be given, and that it be considered as actually... | |
 | District of Columbia - 1857 - 788 páginas
...absence of testimony shall only be allowed upon affidavit showing the materiality of the testimony expected to be obtained, and that due diligence has been used to procure it. The justice may also require the party applying to state upon affidavit the evidence which he expects to... | |
 | Idaho (Ter.) - 1864 - 762 páginas
...require. SEC. 158. A motion to postpone a trial, on the ground of the absence of evidence, shall only be made upon affidavit showing the materiality of...affidavit, the evidence which he expects to obtain ; and if th^ adverse party thereupon admit that such evidence would be given, and that it be considered as actually... | |
 | Idaho, Idaho Territory - 1866 - 534 páginas
...require. SEC. 158. A motion to postpone a trial, on the ground of the absence of evidence, shall only be made upon affidavit showing the materiality of...evidence which he expects to obtain ; and if the adverse patty thereupon admit that such evidence would be given, and that it be considered as actually given... | |
 | Montana - 1866 - 802 páginas
...SEC. 130. A motion to postpone a trial on the ground of the absence of evidence, shall be made only upon affidavit showing ' *'*••* the materiality...that due diligence has been used to procure it, the witness that the party expects to obtain, and the facts he expects to prove by him, and if the adverse... | |
 | Montana (Ter.) - 1866 - 792 páginas
...SEC. 130. A motion to postpone a trial on the ground of the absence of evidence, shall be made only upon affidavit showing the materiality of the evidence...that due diligence has been used to procure it, the witness that the party expects to obtain, and the facts he expects to prove by him, and if the adverse... | |
 | California, Theodore Henry Hittell - 1868 - 416 páginas
...affidavit, showing the materiality of the evidence expected to he ohtained, and that due diligence has heen used to procure it. The court may also require the...state, upon affidavit, the evidence which he expects to ohtain, and if the adverse party therenpon admit that such evidence would he given, and that it he... | |
 | United States. Congress. Senate - 1871 - 1256 páginas
...- ' h diligence consists of. The court may also require the moving party to state upon •ipilavit the evidence which he expects to obtain, and if the adverse party thereupon -'Uuits that such evidence would be given, and that it be considered as actually given k the trial,... | |
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