Superior Court of Delaware, 1842

Parrish v. Gardner

Superior Court of Delaware · Decided July 5, 1842

3 Del. 495

Counsel

Mr. Wales, for the defendant,, J. A. Bayard, for plaintiff., Wales, for defendant.

Opinion of the Court

The Court.

If the matter is put to the court on the ground of Ie-Bal diligence, we must refuse the application for a continuance. The Pendant was bound to take out his commission under which the *496 deposition of this witness coaid have been taken. If he chose to trust the promise of the witness and neglect taking a commission, it must be at his own risk. So if a party should trust to the promise of a resident witness without taking out subpoena.

J. A. Bayard, for plaintiff. Wales, for defendant.

The motion was refused.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.