 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 - Page 361903Full view - About this book
 | New York (State). - Civil procedure - 1850 - 920 pages
...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 evidence...and that due diligence has been used to procure it. The court may also require the moving party to state the evidence which he expects to obtain, and if... | |
 | Kentucky - Law - 1851 - 548 pages
...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, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...on the ground of the ab- Motion to 0 . . postpone trial. scnce of evidence, shall only be made upon affidavit, showing the materiality of the evidence...and that due diligence has been used to procure it. The court may also require the moving party to state, upon affidavit, the evidence which he expects... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...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 the evidence...and that due diligence has been used to procure it The court may also require the moving party to state, upon affidavit, the evidence which he expects... | |
 | District of Columbia - Law - 1857 - 788 pages
...SEC. 11. A motion to postpone a trial on the ground of the absence of evidence shall only be made upon affidavit, showing the materiality of the evidence...and that due diligence has been used to procure it. The court may also require the moving party to state upon affidavit the evidence which he expects to... | |
 | California - Civil procedure - 1858 - 320 pages
...of the action, or a verdict or judgment, as the case may require. evidence, shall only be made upon affidavit, showing the materiality of the evidence...and that due diligence has been used to procure it. The court may also require the moving party to state, upon affidavit, the evidence which he expects... | |
 | California - Civil procedure - 1860 - 388 pages
...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 the evidence...and that due diligence has been used to procure it. The court may also require the moving party to state, upon affidavit, the evidence which he expects... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...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 the evidence...and that due diligence has been used to procure it. The court may also require the moving party to state upon affidavit, the evidence which he expects... | |
 | Idaho - Law - 1864 - 734 pages
...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 the evidence...and that due diligence has been used to procure it. The court may also require the moving party to state upon affidavit, the evidence which he expects... | |
 | Montana - Session laws - 1866 - 802 pages
...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...and 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... | |
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