M'Kay v. Marine Insurance Co. ( 1805 )

Per curiam.

The decifion at the circuit was right. Whenever a party has had an opportunity to examine a tranfient witnefs, and has fuffered it to pafs by, the want of his tefti-mony is no objeition to going to trial. In Pojl v. Wright, and Buchan,^* the abfence of counfel was urged as an excufe, but' the court refufed to admit it, ‘and we think all excufes of that fort ought to be difcountenanqed.

* 1 Vol. 111.