The Mabey

Citations

• 77 U.S. 419
• 19 L. Ed. 963
• 10 Wall. 419
• 1870 U.S. LEXIS 1134

Syllabus

<p>1. “When a motion is made.by an appellant to examine witnesses in this court in an appeal in admiralty, the appellant should show some excuse satisfactory to this court, for the failure to examine them in the courts belo.w, such as that the. evidence was discovered when it was too late to procure such examination, or that the witnesses had been subpoenaed and failed to appear, and could not be reached by attachments, and the like.</p> <p>2. Hence, where, on such a motion, his affidavit stated only that the witnesses were material ones, without whose testimony he could not safely proceed to the hearing, as he was informed and believed, and as he was advised by his counsel after a full statement to him of the facts which he expected to prove by the persons Whom it was proposed to examine, the motion was denied.</p>