Simms v. Alcorn

OPINION of the Court, by

Ch. J. Edwards.

— Al-corn, a county creditor, moved the county court of Wayne for a judgment against Simms, the late sheriff of the county, for a sum of money which had been appropriated by the county court to his use, and which had been collected and not paid over by the sheriff. On the trial, “ Simms moved the court for a continuance, on the ground that Archibald Blanchit, of the county of Warren, and state of Tennessee, was a material witness for him in his defence, and that he wished the court to grant the continuance, and award him a dedimus to take the deposition…