33 Iowa 45 | Iowa | 1871
The only question in this case arises upon the defendant’s motion and affidavit for continuance. The action was commenced, .and issues made on the 7th day of July, 1870; the next regular term of that court was, as fixed by law, on the first Monday of September following. The abstract does not show what action, if any, was taken at that term. At the April term following (1871), the defendant moved a continuance of the cause, upon the fol
The objections to tbe affidavit are, in substance, that it does not show due diligence as contemplated by Rev., §§ 3010, 3011; and the only error assigned is upon the overruling of the motion for continuance grounded upon this affidavit.
Counsel have not favored us with an argument, but have submitted the case upon the abstract alone. It appears that the cause was at issue in July, 1870 ; that one term of court had passed before the witness left his home or the county; that the defendant knew when he left home that he would need his testimony in tbe case, and deliberately took tbe chances of his return before tbe spring term of court, and made no effort to take his deposition either before or after he left. While the granting or refusing a
Affirmed.