Harget v. . Foscue

3 N.C. 145

Opinion

Where the defendant obtains an order of survey and does not execute it, and moves for a continuance of the cause because it is not executed, he should satisfy the court that it is necessary on the trial.

Mr. Wood, for the defendant, was obliged, therefore to produce an affidavit, showing the necessity of it; and upon that the cause was continued.