The opinion of the Court was delivered by HeydeneeIiDT, Justice, with whom Murray, Chief Justice, concurred.

The error relied on in this case is the refusal of a continuance. The affidavit discloses no diligence on the part of the applicant; but independent of that question, the proof which was designed to be obtained by the delay, would constitute no defence against the present plaintiffs. •

The application was therefore properly refused; and the judgment is affirmed, with costs.