Riggs v. Fenton
Citation | 3 Mo. 28 |
Parties | RIGGS v. FENTON. |
Decision Date | 30 April 1831 |
Court | United States State Supreme Court of Missouri |
APPEAL FROM BCONE CIRCUIT COURT
This was an action of assumpsit by Fenton v. Riggs, to recover a sum of money received by Riggs to the use of Fenton, in the province of New Mexico, to be brought here and paid over to Fenton. At the trial term of the cause in June, 1830, Riggs applied for and obtained a continuance upon an affidavit, stating in the terms of the statute, that material witnesses were absent, &c. At the October term, 1830, Riggs again applied for a continuance, and stated in his affidavit (in addition to the facts shown on the first application), the facts which he expected to prove by the absent witness, and the exertions made use of to obtain their testimony. The Circuit Court refused the continuance, and ruled the defendant to trial, wherein Fenton obtained a verdict and judgment, to reverse which Riggs has come into this court. Riggs stated in his second affidavit, ...
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Miller v. State
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State v. Schooley
...to inquire into the facts of each case and reverse the case if the continuance was improperly refused. McLane v. Harris, 1 Mo. 501; Riggs v. Fenton, 3 Mo. 28; Tunstall Hamilton, 8 Mo. 500; State v. Wood, 68 Mo. 444; State v. McGuire, 69 Mo. 197; State v. Walker, 69 Mo. 274; State v. Farrow,......
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State v. Schooley
...to inquire into the facts of each case and reverse the case if the continuance was improperly refused. McLane v. Harris, 1 Mo. 501; Riggs v. Fenton, 3 Mo. 28; Tunstall v. Hamilton, 8 Mo. 500; State v. Wood, 68 Mo. 444; State v. McGuire, 69 Mo. 197; State v. Walker, 69 Mo. 274: State v. Farr......
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Matthews v. Missouri Pacific Railway Co.
...... procure his evidence, such refusal constitutes reversible. error. McLean v. Harris, 1 Mo. 501; Riggs v. Fenton, 3 Mo. 28; Moore v. McCullock, 6 Mo. 444; Tunstall v. Hamilton, 8 Mo. 500; McKay v. State, 12 Mo. 492; Barnum v. Adams, 31 Mo. ......