Phillips v. Phillips

Bill by the wife against the husband for a divorce and alimony. The cause alleged was cruel and inhuman treatment. Process in the suit was served upon the defendant on the 23d of June, 1851, and returned at the next October term of the Circuit Court; at which term the defendant answered, putting in issue the material allegations in the bill, and thereupon moved for a continuance. In support of this motion the defendant filed his affidavit, stating, inter alia, that for want of the testimony of Robert Evans, William Holt and Jeremiah Hermis, he could not safely go into the trial of the cause…