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" A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. "
The South Western Reporter - Side 272
1894
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The Code of Civil Procedure of the State of New York: Reported ..., Volum 2

New York (State). - 1850 - 920 sider
...§ 768. A motion to postpone a trial for the absence of evidence, can only be made upon affidavit, showing the materiality of the evidence expected to...obtained, and that due diligence has been used to procure it. The court may also require the moving party to state the evidence which he expects to obtain,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volum 1

Kentucky - 1851 - 548 sider
...A motion to postpone a trial on account of the absence of evidence, can be made only upon affidavit showing the materiality of the evidence expected to...that due diligence has been used to obtain it ; and, if it is for an absent witness, the allidavit must show what facts the alliant believes the witness...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 sider
...A motion to postpone a trial on account of the absence of evidence, can be made only upon affidavit showing the materiality of the evidence expected to...that due diligence has been used to obtain it ; and, if it is for an absent witness, the affidavit must show what facts the affiant believes the witness...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 sider
...ground of the ab- Motion to 0 . . postpone trial. scnce of evidence, shall only be made upon affidavit, showing the materiality of the evidence expected to...obtained, and that due diligence has been used to procure it. The court may also require the moving party to state, upon affidavit, the evidence which...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 sider
...motion to postpone a trial, on the ground of the absence of evidence, shall only be made upon affidavit showing the materiality of the evidence expected to...obtained, and that due diligence has been used to procure it The court may also require the moving party to state, upon affidavit, the evidence which...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 sider
...motion to postpone a trial on the ground of the absence of evidence shall only be made upon affidavit, showing the materiality of the evidence expected to...obtained, and that due diligence has been used to procure it. The court may also require the moving party to state upon affidavit the evidence which...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 586 sider
...action, or a verdict or judgment, as the case may require. evidence, shall only be made upon affidavit, showing the materiality of the evidence expected to...obtained, and that due diligence has been used to procure it. The court may also require the moving party to state, upon affidavit, the evidence -which...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 sider
...motion to postpone a trial on the ground of the absence of evidence, shall only be made upon affidavit showing the materiality of the evidence expected to...obtained, and that due diligence has been used to procure it. The court may also require the moving party to state, upon affidavit, the evidence which...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 774 sider
...motion to postpone a trial, on the ground of the absence of evidence, shall only be made upon affidavit showing the materiality of the evidence expected to...obtained, and that due diligence has been used to procure it. The Court may also require the moving party to state, upon affidavit, the evidence which...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 sider
...motion to postpone a trial, on the ground of the absence of evidence, shall only be made upon affidavit showing the materiality of the evidence expected to...be obtained and that due diligence has been used to procure it. The court may also require the moving party to state upon affidavit, the evidence which...
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