Taylor, Judye.
Where the defendant obtains an order of survey and does not execute it, and moves for 3 continuance of the cause, because it is not executed, he should satisfy the court that it is necessary on the trial.
Harget v. Foscue, 3 N.C. 145, 2 Hayw. 145 (1801)
July 1801
·
North Carolina Superior Court
3 N.C. 145, 2 Hayw. 145
Newbern,
July Term, 1801.
Harget vs. Foscue.
BIr. V/ood for the defendant,
was obliged therefore to produce an affidavit, shewing the necessity of it $ and upon that the cause was continued.