¶1The Court (nem con.) said, that the practice of the Court has not been to require the particular circumstances of diligence to be stated in the affidavit, but to examine the party, or his counsel either upon oath or otherwise to the satisfaction of the Court as to the particular endeavors to obtain the testimony; and, in the present case, being satisfied by Mr. Jones’s verbal statement, that reasonable diligence had been used, they continued the cause.
3 D.C. 142
Higgs v. Heugh
Decided May 15, 1827
moved for a continuance of the cause, on affidavit of the plaintiff, Higgs, which stated, “ that a witness in behalf of the plaintiffs in said suit, to wit, Turbett R. Belton, whose testimony is material, competent, and proper in the said suit, is really wanting from West Florida, and that the plaintiffs have used their proper and reasonable endeavors, to procure the testimony of the said witness, and this deponent verily believes that the said cause cannot be tried with…
Decided 1827-05-15