Myers & Axtell v. Trice

Citations

• 86 Va. 835
• 11 S.E. 428
• 1890 Va. LEXIS 50

Syllabus

<p>1. Pbactice at common law—Continuance.-— The wrong witness having been summoned, and the mistake being discovered too late to secure the presence of the right one, whose testimony was material, and the leading counsel being absent by reason of sickness, held, the refusal to grant a continuance was error, each being sufficient ground for it.</p> <p>2. Idem—Hearsay—Subornation.—Where there is no proof that G. was defendants’ agent, it is error to allow a witness to testify that he heard G. tell S. that defendants desired him to testify in the case and that they might give him some money.</p>