Murphy v. Murphy
Supreme Court of Missouri
Error to Andreiu Circuit Court. I. The application for a continuance should have been granted. The statute (p. 1260, § 8) is imperative. The application for a continuance, if otherwise good, must be sustained unless the opposite party “ shall admit the truth of the facts disclosed in the affidavit and agree that they be received in evidence,” in which event the court shall refuse to continue the cause.
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Error to Andreiu Circuit Court. I. The application for a continuance should have been granted. The statute (p. 1260, § 8) is imperative. The application for a continuance, if otherwise good, must be sustained unless the opposite party “ shall admit the truth of the facts disclosed in the affidavit and agree that they be received in evidence,” in which event the court shall refuse to continue the cause. By observing this provision of the law, no injury can result to the applicant. The jury can do no more than believe all that his witness swears to ; this he gains by the admission that the…
1Opinion of the CourtNapton, Judge
We have felt no hesitation upon the point discussed in this case concez’ning the constructiozi of our statute. An admissiozi that the absent witness would swear to the facts disclosed in the affidavit for a continuance, is not such azi admission as is required by the ninth section of the tenth article of our practice act. To authorize the court to compel a party to go on with his case in the absence of his witness, the opposite party must admit the truth of the facts proposed to be proved by the absent witness, and not merely that he will swear to them. This, it is true, gives the party an…
2Cited by1 opinion
- L. & N. R. R. v. VossTennessee Supreme Court · 1902