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2 D.C. 260

Bestor v. Sardo

Decided October 15, 1821

Replevin. Avowry for rent arrear. Upon the plaintiff’s affidavit for the continuance of the cause to the next term, on account of the absence of a witness who, he stated, would testify that the plaintiff did not get full possession of the house until some time after the rent was to commence.

Decided 1821-10-15

The Court,

¶1however, (nem. con.) said that the spirit of the Act of Maryland, 1787, c. 9, respecting continuances, was, lhat the party applying for the continuance, should have the same benefit only which he would have had if the witness were.present j and permitted the defendant’s counsel to offer evidence to explain the fact of the possession being withheld of a portion of the premises.

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