Voorhees Rubber Co. v. Brunswick Balke-Collender Co.

Citations

• 30 Del. 271
• 7 Boyce 271
• 105 A. 786
• 1919 Del. LEXIS 22

Syllabus

<p>1. Continuance—Affidavit—Who Should Make.</p> <p>To support an application, the affidavit should be made by a party to the action, when the fact relied upon for the continuance is not a matter of record.</p> <p>2. Continuance—Application—Sufficiency.</p> <p>In case of a corporation party, the affidavit for continuance should be made by the president, treasurer, or cashier, and it should appear that there is reasonable expectation of return of witness in time to testify at the term to which the case is sought to be continued, or the procurement of the deposition of the witness by the next term.</p>