Mays v. Lewis
Texas Supreme Court
Appeal from Guadalupe. Tlie appellee sued (.lie appellant upon three promissory notes, one of which was for less than $100. There were some credits indorsed upon the notes.
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Appeal from Guadalupe. Tlie appellee sued (.lie appellant upon three promissory notes, one of which was for less than $100. There were some credits indorsed upon the notes. The, defendant answered by a. general denial of indebtedness, and pleaded that the notes were given for land sold by the plaintiff to the defendant., as would appear by reference to a bond for' title given by plaintiff to the defendant; Unit the plaintiff had no title to tlie land, and had, subsequently to the sale to defendant, located on the same; and that he, the defendant, had made considerable improvements on the…
1Opinion of the CourtLipscomb, J.
Tlie first error assigned that will be considered is tlie refusal of the court- io grant a continuance. We believe that the motion for a continuance ought to liave been overruled, as tlie affidavit showed no sort of diligence used to procure the absent testimony, and was so general in its terms as to make it impossible to liave a conviction for perjury liad it been willfully false; and it. was at the second term of tlie court when, tlie application was made. It does not define the character of (lie evidence, where it is to be obtained, nor any reason why efforts had not been made Io procure…
2Cited by2 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Brooks v. HowardTexas Supreme Court · 1867