¶1refused a continuance as a matter of right under the Act of Congress, which was admitted by all the bar to be in force in such a case, as it provides for a case different from that in the Virginia Act. The Court referred to the case of Codman v. Wilson, in the Supreme Court, where the point was decided.
1 D.C. 338
Alexander v. Patten
District of Columbia District Court
Decided July 15, 1806
District of Columbia District Court · decided 1806-07-15
The plaintiff died since the last term, and the administrator appears at this term. The issue was made'up at the last term. contended that he was of right entitled to a continuance. By the Act of Assembly of Virginia, (P. P. 110, § 20,) all suits abate by the death of a party, unless there has been a verdict or interlocutory judgment. But the Judiciary Act of 1789, [1 Stat. at Large, 73,] provides that the suit shall not abate, but that the defendant shall answer thereto.
Decided 1806-07-15