Lewis v. Williams
Texas Supreme Court
Appeal from Travis. Suit by appellee against appellant, on a promissory note. Answer filed. Motion for a continuance, first Term, overruled. Judgment for plaintiff.
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Appeal from Travis. Suit by appellee against appellant, on a promissory note. Answer filed. Motion for a continuance, first Term, overruled. Judgment for plaintiff. The showing for a continuance was as follows : The defendant in open Court makes oath that he cannot go safely to trial at this term for want of the testimony of Sarah Jones, a resident citizen of Matagorda county, in this State ; that he did not know of the materiality and residence of said witness, until the commencement of this Court, and with all due diligence he could not procure the testimony of said witness.- He therefore…
1Opinion of the CourtWheeler, J.
The application for a continuance does not comply with the requirements of the Statute, and was, therefore, addressed to the sound discretion of the Court. In such a case it ought very clearly to appear that the continuance was improperly refused to warrant this Court in reversing the judgment on that ground. It does not so appear to us in the present case. The affidavit of the defendant for a continuance appears to have been made eighteen days in advance of the *49calling of the cause for trial. It attempts to excuse the want of diligence to procure the attendance or testimony of the witness ;…
2Cited by5 opinions
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