Park's Lessee v. Larkin

• Decision Date: 31 May 1799
• Citation: 1 Tenn. 17
• Parties: PARK'S LESSEE v. LARKIN.
• Court: Tennessee Circuit Court

1 Tenn. 17

PARK'S LESSEE

v.LARKIN.

Superior Court of Law and Equity of Tennessee.

May, 1799.

[ S. C., infra, 101.]

Scott, for defendant, moved for a continuance on an affidavit, which stated that the defendant made application to the County Court of Hawkins, for an alteration of his grant agreeably to an act of the State of Tennessee, entitled “An act making provision for mistakes in surveys of land” 1796, ch. 20, which was allowed. This act directs that the alteration should be certified to the Secretary of North Carolina. The affidavit also stated, that the defendant went to Raleigh in January last, in order to get the alteration made, but the secretary being sick, he could not get it done, and that he could not safely come to trial without the benefit of the alteration. For the plaintiff it was insisted, that it could not be continued, because the defendant had not shown that he used due exertion to get the alteration made, since January last; and that it had once before been continued, as on affidavit of the defendant.

Per Curiam.

This case falls without the ordinary rules of continuances. The Court will take notice of the great distance of Raleigh from this place. The defendant states that upon application he could not obtain the alteration, owing to the sickness of the secretary.

The design of judicial proceedings, is to do complete justice which it appears cannot now be done in this case; and as the defendant states, that he expects to be prepared at the next term, and appears to have used reasonable exertion to obtain his evidence. Let it be continued.