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THE MABEY

77 U.S. 419 (1870)

10 Wall. 419

THE MABEY.

Supreme Court of United States.

Mr. Justice NELSON delivered the opinion of the court.

No excuse is shown in the papers, on which the motion is founded, why the witnesses named, and proposed to be examined, were not examined in some one of the courts below before the hearing there. The affidavit simply states that the testimony of these witnesses is material, as advised by counsel.

This is not in accordance with the practice of the court. Some excuse...

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