Riggs v. Fenton

delivered’the opinion of the Court.

This was an- action of assumpsit by Fenton v. Riggs, to recover a sum of money received by Riggs to the use of Fenton, in the province-of New-- México, to-be brought here and'paid over to'Fenton. Af-the-trial term of the cause in June, 1830,. Riggs applied for and-'obtained-a continuance-upon-iaffidavit, stating in .the - terms of tlie statute, that material witnesses were-absent) &c.. Alt the October term, 1830, Riggs again applied for a1 continuance, and statedun his affidavit (in addition to the facts shown on the first application,) the facts which'…