Opinion
JUNE TERM, 1784.
Lewis and Coxe objected, for the plaintiff, that the affidavit should be made by the defendant himself.
ON motion to put off the trial of this cause, Sergeant tendered the affidavit of John Adams (who called himself the landlord of the defendant, and declared himself interested in the suit) to prove the absence of a material witness.
BUT THE COURT received the affidavit, and ordered the trial off.