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2 U.S. 105

Todd v. Thompson

Supreme Court of the United States

Decided June Term, 1790.

Supreme Court of the United States · decided 1790-06

THIS cause being marked for trial, it was continued by the plaintiff; whereupon the defendant’s counsel moved for a rule to try at the next term, or non pros. This, however, was opposed, the plaintiff's counsel alledging, that there was no default on his part, as the procrastination arose, in fact, from tire absence of a material witness, and the late arrival of a record from New-Jersey, which was so imperfectly exemplified, that it could not be offered in evidence.

Relies on Andrew's Lessee v. Fleming

Good law ✅— No negative treatment on recordhow we know

Decided 1790-06

How this case has been cited

Cited by 6 later decisions (2 by the Supreme Court) — most recently November 1880

4 state decisions

101790180018101820183018401850186018701880decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1THIS cause being marked for trial, it was continued by the plaintiff; whereupon the defendant’s counsel moved for a rule to try at the next term, or non pros. This, however, *106was opposed, the plaintiff's counsel alledging, that there was no default on his part, as the procrastination arose, in fact, from tire absence of a material witness, and the late arrival of a record from New-Jersey, which was so imperfectly exemplified, that it could not be offered in evidence. To this it was answered, that there had been no subpœna taken out for the absent witness; and that as the action had been depending for more than two years, there was evidently a laches in not obtaining the exemplification sooner.

¶2By the Court:

¶3It is certainly a great default, that an earlier application was not made for the exemplification ; and *107that intructions were not given to some person, to see that it was regularly made out. On that ground alone, therefore, the motion must be granted. But even if the plaintiff had not been guilty of a laches ; if it was a misfortune, and not negligence, that had prevented the seasonable arrival of the record, we should still doubt the propriety of refusing the rule.

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