¶1Continuances are in the discretion of the Court, too great a degree of strictness ought not to be observed. It is true that this affidavit does not contain all the certainty that is desirable; but upon the ground that the attorney, whose duties would naturally call him here, was absent on necessary business, let it be reinstated, but upon the payment of the costs of this term.
1 Tenn. 185
Williams v. King
Tennessee Superior Court for Law and Equity
Decided September 6, 1805
Tennessee Superior Court for Law and Equity · decided 1805-09-06
When this action was called a non-suit was suffered, and now Whiteside, moved to have the cause reinstated, upon an affidavit, shewing that the cause was called, one of his material witnesses was absent; that he himself was also absent, upon necessary business.
Decided 1805-09-06