McMichael v. Truehart
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. G. J. Clark. H. M. Truehart brought an action of trespass to try title, August 23, 1872, for 687 acres of land, against W. S. McMichael. The defendant pleaded not guilty, and the statute of limitations of ten years as to 640 acres of the tract sued for. September 7, 1876, judgment for the defendant was rendered, which on appeal was reversed, prior to which judgment defendant had had one continuance.
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Appeal from Hopkins. Tried below before the Hon. G. J. Clark. H. M. Truehart brought an action of trespass to try title, August 23, 1872, for 687 acres of land, against W. S. McMichael. The defendant pleaded not guilty, and the statute of limitations of ten years as to 640 acres of the tract sued for. September 7, 1876, judgment for the defendant was rendered, which on appeal was reversed, prior to which judgment defendant had had one continuance. March 13, 1877, the case being again called for trial, defendant proposing to make application for a continuance, the court ruled that such…
1Opinion of the Court
Moore, Associate Justice.
In determining whether an application for a continuance is the first, second, or a subsequent application, the court must look to the entire record, and not merely to the action had in the case after it is remanded by this court for a new trial. Unquestionably, it may often require as much, or even more time to prepare for the new trial, than it did for the trial in the first instance. But this is likewise the case when a new trial is allowed by the District Court, or becomes necessary by the withdrawal of a juror, or from the action of the court on a motion in arrest…
2Cited by5 opinions
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