Fowler v. Buckner
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Peter W. Gray. This was a suit by the appellee, against the appellants, Samuel L. Fowler, E. S. Bell, and A. A. Tucker, on a promissory note for $¡600. On the trial of the case, there appeared among the papers, an answer of the defendants, containing a general demurrer, and a general denial. The defendant, Tucker, applied for a continuance.
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Appeal from Harris. Tried below before the Hon. Peter W. Gray. This was a suit by the appellee, against the appellants, Samuel L. Fowler, E. S. Bell, and A. A. Tucker, on a promissory note for $¡600. On the trial of the case, there appeared among the papers, an answer of the defendants, containing a general demurrer, and a general denial. The defendant, Tucker, applied for a continuance. The affidavit in support of it, set forth, the absence of a witness, (naming him,) whose testimony was material; that the affiant had used due diligence to procure his testimony, by causing the said witness…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err in overruling the motion for a continuance, upon the ground that the answer which appeared on file, when the motion was submitted, disclosed no . defence. It is true, that the statute prescribes the conditions upon which a first and second continuance of a cause shall be granted; and, as a general rule, a party will be entitled to a continuance whenever he brings himself within *86the terms of the statute. But this general rule is, of necessity, subject to some exceptions. A party, for instance, might present an application for a continuance for…
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