Clayton’s Notebook, 55
Supreme Court of Delaware, Kent County.
October, 1815.
This cause was at issue and on the list for trial at this term. The defendant made oath of the absence of a material witness, who had been summoned for the first time since the commencement of the term; wherefore his counsel moved for a continuance of the cause. Plaintiff objected that he ought to have been summoned sooner.
PER CURIAM.
Let the cause be continued on payment of the costs of the term.