Legal Opinion
Franks v. Williams
Texas Supreme Court
Decided July 1, 1873PublishedCited by 4 opinions
Appeal from Caldwell. Tried below before the Hon. Henry Maney.
1Opinion of the CourtWalker, J.
It is insisted that the judgment in this case should be reversed .for error in the court in overruling the application for a continuance, and in the judgment on the demurrer and special exceptions.
We are of the opinion that the affidavit for a continuance was insufficient in law. There was no allegation that the party expected to be able to obtain the testimony of the witness at any future term of the court. (See Hunter v. Watts, 11 Texas Rep., 86; Stachley v. Peirce, 28 Texas Rep., 334.) The second application for a continuance was based upon new matter alleged in an amended petition, and…
2Cases cited2 opinions
- Nicholson v. PimOhio Supreme Court · 1855
- Hunter v. WaiteTexas Supreme Court · 1853
3Cited by4 opinions
- McCreary v. GewinnerSupreme Court of Georgia · 1898
- Long Bell Lumber Co. v. LowryCourt of Appeals of Texas · 1930
- Texas & P. Ry. Co. v. HughesCourt of Appeals of Texas · 1917
- Atchley v. VarnerSupreme Court of Oklahoma · 1929