Green v. Dunman

We think the court did not err in overruling the motion for a continuance. The motion failed to set out any diligence, as required by the statute, with that particularity and certainty which would enable the *176court to judge whether or not any sufficient diligence had been used. The affidavit, which stated in general terms that the defendant “caused a subpoena to be issued for the witnesses, as soon as he could after discovering the materiality of the testimony,” without stating when this discovery of the materiality was made, or when he caused the subpoena to issue, or when the same was placed…