Hipp v. Ingram
Texas Supreme Court
— Appeal from Guadaloupe County. The appellee sued the appellant and obtained judgment against him before a justice of the peace, but for a less sum than that claimed by him. From this judgment he appealed to the district court. The appellee in that court, Hipp, obtained two successive continuances on account of the absence of witnesses, and at the fall term, 1848, made a third application, which was overruled by the court.
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— Appeal from Guadaloupe County. The appellee sued the appellant and obtained judgment against him before a justice of the peace, but for a less sum than that claimed by him. From this judgment he appealed to the district court. The appellee in that court, Hipp, obtained two successive continuances on account of the absence of witnesses, and at the fall term, 1848, made a third application, which was overruled by the court. He then proposed to prove his case by his own oath, which the court refused to allow; and the appellant in that court recovered judgment for the amount of his original…
1Opinion of the Court
Mr. Justice "Wheeler
delivered the opinion of the court,
Mr. Justice Lipscomb
giving no opinion.
*18-We find nothing in the record in this case to warrant the conclusion that the judge did not exercise a sound discretion in overruling the motion for a continuance.
It has been held, and no doubt rightly, that where a party has had repeated continuances granted to him, a further continuance may properly be refused, though he make oath that a material witness, who had been duly summoned, is absent and sick. [8 Munf. R. 219; 3 Litt. 450.]
The application for a new trial came too late, after amotion-in…
2Cases cited1 opinion
- Davis v. GrayCourt of Appeals of Kentucky · 1823
3Cited by1 opinion
- Hall v. StateTennessee Supreme Court · 1903