Benson v. McFadden

The appellee sued the appellant, before a justice of the peace, on a promissory note for fifty dollars, and recovered judgment. On appeal to the superior court, the appellee had judgment again. -

A new trial was granted. At the third trial, the appellant moved the court for a continuance, founded on an affidavit. The continuance was denied him. This is the first error complained of.

1 The affidavit states that the appellant was a minor when he made the note; that he can prove this fact by his father and mother, who reside in the city of Yew York; that he gave notice to his opponent that he…