Baldessore v. Stephanes
Texas Supreme Court
Appeal from Harris. [The record of this case has not reached the hands of the Reporters.]
1Opinion of the CourtMoore, J.
The motion for a continuance in this case was properly overruled. The affidavit does not comply with the requirements of the statute, .and was, therefore, addressed to the *456sound discretion of the court. And in such cases, it has been said by this court, it must very clearly appear that the continuance was improperly refused, to warrant it in reversing the judgment. (Lewis v. Williams. 15 Tex., 47.) When a party asks a continuance on account of testimony which he has used no diligence to procure, it is not sufficient for him to state merely that he had discovered the materiality of such…
2Cases cited1 opinion
- Lewis v. WilliamsTexas Supreme Court · 1855
3Cited by6 opinions
- Tex. & Pac. R'y Co. v. HardinTexas Supreme Court · 1884
- St. Louis & San Francisco Railway Co. v. WoolumTexas Supreme Court · 1892
- Galveston, H. & S. A. Ry. Co. v. Harris Bros.Court of Appeals of Texas · 1919
- Jackson v. StateCourt of Appeals of Texas · 1878
- Myers v. StateCourt of Appeals of Texas · 1880
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