
    
      M'Kay v. The Marine Insurance Company.
    
    THE defendants at the New- York circuit, moved to put off the trial, for want of the testimony of a material witness, who was a transient person, and had once been within their power. The court refusing to do this, a verdict went against them, in consequence of which, and the absence of their principal counsel, the defendants moved to set it aside.
   Per Curiam.

The decision at the circuit was right. Whenever a party has had an opportunity to examine a transient witness, and has suffered it to pass by, the want of his testimony is no objection to going to trial. In Post v. Wright and Buchan, the absence of counsel was urged as an excuse, but the court refused to admit it, .and we think all excuses of that sort ought to be discountenanced. 
      
      
        Ante, p. 183.
     