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Duberly v Gunning

Maclean & Robinson's Appeal Cases English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date06 December 1820
Date06 December 1820
CourtCourt of the King's Bench

English Reports Citation: 170 E.R. 105

IN THE COURT OF KING'S BENCH

Duberly
and
Gunning

Subsequent proceedings, 4 T. R. 651

Tuesday, Dec. 6th. dfberly v. gunneng (The Court will put oS the trial on the affidavit of the defendant's attorney that a material witness is kept out of the way by the plaintiff.) [Subsequent proceedings, 4 T. R 651 ] This was an action for criminal conversation with the plaintiff's wife The cause stood in the paper for trial this day, [133] and a motion was made by Bearcroft for the defendant to put off the trial on an affidavit, stating a suspicion that two of the defendant's witnesses were kept out of the way by the plaintiff The affidavit was made by the defendant's attorney, who swore that he believed the witnesses were material and necessary for the defendant's defence. Erskine, for the plaintiff said, that had the question between the parties been a matter of title, which might be purely a question of law, the affidavit of the attorney would have been sufficient , but that in a case like the present which must be entirely a question of fact, the defendant himself should swear to the materiality of the witnesses. Lord Kenyon I think this affidavit is sufficient. There was once a...

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