22 F. Cas. 54
Shultz v. Moore
U.S. District Court
Decided December 15, 1838
U.S. District Court · decided 1838-12-15
<p>Case No. 12,825.</p> <p>Continuance — Sickness op Counsel.</p> <p>A motion was made for a continuance of this cause, founded on the affidavit of one of the defendant's counsel, who was sick and unable to attend the court. The affidavit stated that the affiant was the first counsel engaged by the defendant, had appeared as his counsel in the same case in the state court, and was intimately acquainted with the grounds of defence. That he had possession of the papers, &c., and that he did not believe justice could be done in the cause, under present circumstances, in his absence.</p> <p>[Cited in Markson v. Ide, 29 Kan. 703; Myers v. Trice, 11 Haus. (86 Va.) 841.]</p> <p>[See Case No. 12.824.]</p>
Decided 1838-12-15