§ 16-113-403 — Continuance of motion to dissolve or modify

(a) The motion upon the whole case to dissolve or modify the injunction may be postponed, on the application of either party, to a subsequent day, or to the next term, where the court is satisfied that, under the circumstances of the case, the delay is proper. (b) When delay is asked, in order to obtain the testimony of a witness, it must appear by affidavit what facts the witness is expected to prove, that the affiant believes his or her testimony will be true, and that it could not have been obtained by due diligence. Civil Code, § 317; C. & M. Dig., § 5812; Pope's Dig., § 7528; A.S.A. 1947, § 32-304.