Smith v. Creason's Executors

Judge Ewing

delivered the Opinion of the Court.

The only question, which we deem necessary to determine in this case, is, shall a party who has made out good grounds for a continuance, on account of the absence of witnesses, be ruled to trial upon the admission of his adversary, that his witnesses who are absent, if present, would swear to the facts which he states, he expects to prove by them; or shall he be required to admit the fact proposed to be proven by them?

The common law rule, of confronting the jurors with the witnesses, in a public, oral, examination, has ever been regarded by the…