An Abridgement of the Law of Nisi Prius Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1831 Excerpt: ... APPENDIX. No. I.?j 1.--Notice of Motion to put off a Trial for the Absence of a Wit ness. A. B. plaintiff, In the King's Bench. and C. D. defendant. Take notice, that this honourable court will be moved on, &c. or so soon after as counsel can be heard, that the trial of this cause may be put off until next term, on account of the absence of a material witness on the part of the defendant, and in the mean time all further proceedings be stayed. Your's &c. G. H. defendant's attorney. To Mr. E. F. plaintiff's attorney. 2. Affidavit in Support of Motion to put off Trial for the Absence of a Witness. A. B. plaintiff, In the King's Bench. and C. D. defendant C. D. of, &c. the defendant in this cause, maketh oath and saith, that issue was joined in this cause in term last past, and that notice was given for the trial thereof at the sittings within (or at the sittings after) the said term: And this deponent further saith, that E. F. late of, &c. is a material witness for him this deponent in the said cause, as he is advised and believes, and that he cannot safely proceed to the trial thereof without the testimony of him the said E. F. And this deponent further saith, that in consequence of the notice of trial so given as aforesaid, he this deponent caused inquiry to be made, &c. (stating the nature and result of the inquiry made after the witness, and the time when he is likely to attend.) No. II. Demurrer to Evidence and Joinder.' "Afterwards on the day, and at the place within contained, before Sir G. W. Knight, one of the barons of our lord the king, of his For form of plea puis darrcin continuance, see ante, vol. I. p. 117. Court of Exchequer at Westminster, Sir J. B. knight, one of the justices of our said lord the king, assigned to hold pleas in the court o...