U.S. Circuit Court for the District of District of Columbia, 1827

Higgs v. Heugh

Higgs v. Heugh
U.S. Circuit Court for the District of District of Columbia · Decided May 15, 1827
3 D.C. 142; 12 F. Cas. 133; 3 Cranch 142
Higgs v. Heugh

Opinion of the Court

The Court (nem con.) said, that the practice of the Court has not been to require the particular circumstances of diligence to be stated in the affidavit, but to examine the party, or his counsel either upon oath or otherwise to the satisfaction of the Court as to the particular endeavors to obtain the testimony; and, in the present case, being satisfied by Mr. Jones’s verbal statement, that reasonable diligence had been used, they continued the cause.

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