Lessee of Campbell v. Sproat
Supreme Court of Pennsylvania
The defendant’s counsel moved that the cause should be put off on the affidavit of Alexander Snodgrass, that within the period of two or three weeks before the trial, he had discovered one Thomas M’Dowell, a witness, who lived in Maryland, wlio was very material for his defence; that he had conversed with him, and had procured his promise to attend; and that he had subpoenaed him, but upon going for him during the sitting of the Court, found that his child’s illness…
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The defendant’s counsel moved that the cause should be put off on the affidavit of Alexander Snodgrass, that within the period of two or three weeks before the trial, he had discovered one Thomas M’Dowell, a witness, who lived in Maryland, wlio was very material for his defence; that he had conversed with him, and had procured his promise to attend; and that he had subpoenaed him, but upon going for him during the sitting of the Court, found that his child’s illness prevented his attendance, and expected he would be able to procure him to attend at another court. Snodgrass’s coming to the…
1Opinion of the Court
Per Cur.
We are bound to take notice who are the real parties litigating. We are not constrained by the formal parts of the proceeding. Courts sit to do substantial justice, and though we are fully disposed to bring on causes as early as it may be done, yet this must necessarily be in those cases where the parties are prepared, or have been guilty of manifest negligence. No delay appears to be affected on the part of the defendant under the particular circumstances of this case, and Snodgrass’s having come to the knowledge of this witness so lately, the cause must go off on his paying the…
2Cases cited1 opinion
- Heacock v. FlySupreme Court of Pennsylvania · 1850
3Cited by1 opinion
- Heacock v. FlySupreme Court of Pennsylvania · 1850