Burger v. Young

HENRY, Associate Justice.

— This suit was brought by appellant against several defendants to try title and for partition.

The plaintiff filed an amended original petition, in which the name of one of the defendants, who was never cited to appear, was omitted.

When the cause was called for trial all of the defendants except one had filed answers. None of the defendants sought by their pleadings affirmative relief.

When the cause was called for trial the plaintiff presented without objection a verbal motion for a continuance, which was overruled. Plaintiff then asked for time to put in writing his…