Conner v. Sampson
Texas Supreme Court
Error from Travis. Tided below before the Hon. A. W. Terrell. Suit by defendants in error against plaintiff in error. Defendant in the court below applied for a continuance, on account of the absence of a material witness; and made affidavit that he had used due diligence to procure his testimony, by having the witness duly subpoenaed, during the term at which the application was made; but it did not appear from the affidavit, or otherwise, on the record, at what time, or…
Read the full summary
Error from Travis. Tided below before the Hon. A. W. Terrell. Suit by defendants in error against plaintiff in error. Defendant in the court below applied for a continuance, on account of the absence of a material witness; and made affidavit that he had used due diligence to procure his testimony, by having the witness duly subpoenaed, during the term at which the application was made; but it did not appear from the affidavit, or otherwise, on the record, at what time, or under Avhat circumstances, the Avitness was subpoenaed. The court beloAV overruled the application.
1Opinion of the CourtRoberts, J.
The application for a continuance is defective in this, that it does not show that the Avitness had been served Ayith a subpoena, a reasonable time before the trial, to enable him to be present at the trial. The point was decided at Tyler, (1858,) that it must appear from the affidavit, unless it otherAvise appear of record, that reasonable time has been given the Avitness to make necessary preparations to attend the court at the time of the trial, othenvise the party could not be held to have used due diligence to procure his attendance. What this reasonable time is, must depend upon the…
2Cited by6 opinions
- Stewart v. AndersonTexas Supreme Court · 1888
- Thomas Goggan & Bros. v. MorrisonCourt of Appeals of Texas · 1913
- McRee v. BrownTexas Supreme Court · 1876
- Stone v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Brown v. Abilene National BankTexas Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.