Harrison v. Cotton
Texas Supreme Court
Error from Brazoria. Tried below before the Hon. George W. Smith. Suit by Thomas Cotton against R. P. Harrison, on a note for $233 11. The defendant answered by general demurrer and general denial; and at the first term of the court made an application for a continuance, for the want of the testimony of a witness residing in Blanco county. The affidavit set forth facts to account for his failure to cause the witness to be subpenaed, or to take his depositions.
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Error from Brazoria. Tried below before the Hon. George W. Smith. Suit by Thomas Cotton against R. P. Harrison, on a note for $233 11. The defendant answered by general demurrer and general denial; and at the first term of the court made an application for a continuance, for the want of the testimony of a witness residing in Blanco county. The affidavit set forth facts to account for his failure to cause the witness to be subpenaed, or to take his depositions. The court overruled the application. The record does not show, by bill of exceptions or otherwise, the grounds of the ruling. Judgment…
1Opinion of the CourtBell, J.
It is assigned as error that the court below refused to continue the cause on the motion of the plaintiff in error.
We have repeatedly declined to revise the ruling of the court below, refusing a continuance, unless the party who seeks a reversal of the judgment on that ground has reserved the point by a bill of exceptions. It is undoubtedly the correct practice to *54take a bill of exceptions in all cases where the refusal of the District Court to grant a continuance will be relied upon in this court as ground for the reversal of the judgment. (See Champion v. Angier, 16 Tex., 93.) We have…
2Cases cited1 opinion
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