Moran v. McCullum

Irvine, C.

McCullum brought an action in replevin against Moran before a justice of the peace. On the return day an adjournment was granted, on the request of the defendant and by consent of the plaintiff, for seventeen days. When the day to which the cause stood adjourned came, the de*450fendant filed a motion for an adjournment for thirty days further and supported the same by his affidavit as follows: “James Moran, the defendant in this action, being first duly sworn, on his oath says he cannot safely proceed with the trial of said action at this time for the want of material testimony for the…