
    ROBERT A. PARRISH vs. GEORGE W. GARDNER.
    
      Mr. Wales, for the defendant,
    moved a continuance of this cause Bn the ground (supported by the defendant’s affidavit,) of the absence ■f a material witness. The witness lived in Philadelphia, and had Bromised defendant to attend at this term; and defendant had written R>r him several times,
    The continuance was opposed.
   The Court.

If the matter is put to the court on the ground of Ie-Bal diligence, we must refuse the application for a continuance. The Pendant was bound to take out his commission under which the deposition of this witness coaid have been taken. If he chose to trust the promise of the witness and neglect taking a commission, it must be at his own risk. So if a party should trust to the promise of a resident witness without taking out subpoena.

J. A. Bayard, for plaintiff.

Wales, for defendant.

The motion was refused.  