Benoit v. Revoir

The application for a continuance was, made under section 6650, Rev. Codes, to enable the plaintiff to procure a deposition. The Court, in the majority opinion, says: “We think the Court was not justified in assuming, from the mere fact of nonresidence, that ordinary diligence might not have se*229cured the testimony. The affidavit was deficient on-the point of diligence. .The continuance ought not. to have been, granted.” In-this view I fully concur. The affidavit obviously omitted to state any fact tending 'to show diligence .in procuring the plaintiff’s test!-money, and this despite the fact…