Case No. 9,812.

17FED.CAS.—49

MORGAN v. VOSS.

[1 Cranch, C. C. 134.]¹

Circuit Court, District of Columbia.

July Term, 1803.

CONTINUANCE—DEPOSITION NOT RETURNED—AFFIDAVIT.

The court will not continue the cause because a commission to examine a witness is not returned, unless the materiality of the witness be shown by affidavit.

Commission to Virginia, issued March, 1802. New commission ordered July, 1802. Issued September, 1802. Interrogatories filed December, 1802.

Motion by P. B. Key, for the defendant, to continue the cause for want of a return of the commission. No affidavit of the materiality of the witness. Refused.

[See Case No. 9,811.]

¹ [Reported by Hon. William Cranch, Chief Judge.]

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