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1784.


HUNTER'S Leʃʃee verʃus KENNEDY.


O

N motion to put off the trial of this caufe, Sergeant tendered the affidavit of John Adams (who called himfelf the landlord of the defendant, and declared himfelf interefted in the fuit) to prove the abfence a material witnefs.

Lewis and Coxe objected, for the plaintiff, that the affidavit fhould be made by the defendant himfelf.


But THE COURT received the affidavit, and ordered the trial oFF.