Broussarif v. Trahan's Heirs
Supreme Court of Louisiana
The affidavit on which a continuance was prayed by the defendants shews that they could not safely come to trial, on account of the absence of a record, which was material to their defence, and which notwithstanding every effort in their power, had been used, they had not been able to procure. Injustice was therefore done them, and the only remedy, which the law has provided for them, is the interposition of this court, in ordering a new trial.
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The affidavit on which a continuance was prayed by the defendants shews that they could not safely come to trial, on account of the absence of a record, which was material to their defence, and which notwithstanding every effort in their power, had been used, they had not been able to procure. Injustice was therefore done them, and the only remedy, which the law has provided for them, is the interposition of this court, in ordering a new trial. The power of awarding it is expressly given by the 18th section of the act of 1813, ch. 47: which authorises the supreme court, or any to which an…
1Opinion of the CourtMartin, J.
The defendants pray, that this cause may be remanded to the district court, under the 18th section of the act of 1813, ch. 47, which empowers this court to remand in all cases, in which it appears to them, that justice requires it: and in order to satisfy us, that justice does require it, their counsel alleges, that injustice was done below, by refusing him a continuance, in order to enable him to place before the court a piece of evidence, which was material to their defence, and which by accidents, without their control, after having used due diligence, they were disabled from obtaining…
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