Stanley v. Epperson
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. John D. Easton. Suit instituted by Epperson, appellee, against W. M. and E. M. Stanley, to recover a tract of land described in the petition. The action was trespass to try title, in the usual form. W. M. Stanley answered, but E. M. Stanley, though served, filed no answer.
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Appeal from Red River. Tried below before the Hon. John D. Easton. Suit instituted by Epperson, appellee, against W. M. and E. M. Stanley, to recover a tract of land described in the petition. The action was trespass to try title, in the usual form. W. M. Stanley answered, but E. M. Stanley, though served, filed no answer. Sarah Stanley, the wife-of W. M. Stanley, filed a petition, praying to be made a parly to. the suit, and set up that she was the wife of W. M. Stanley, and that the land was her homestead, and pleaded (though not under oath) non est factum to a deed filed with the papers as…
1Opinion of the Court
Moore, Associate Justice.
The court did not err in overruling appellants’ application for a continuation, or if so, appellants have failed to incorporate in the transcript the facts showing such error. The affidavit is not in compliance with the statute. There is no averment in it that due diligence had been used to procure the testimony of the absent witness, *651nor are any acts of diligence shown from which the court could see that diligence had been used as is plainly required by the statute. Eor does the record aid the meager averments of the affidavit. If the subpoena, alleged to have been…
2Cases cited3 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Chilson v. ReevesTexas Supreme Court · 1867
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by16 opinions
- Cooper v. HinmanTexas Commission of Appeals · 1921
- Robinson v. Monning Dry Goods Co.Court of Appeals of Texas · 1919
- Moss v. IngramCourt of Appeals of Texas · 1922
- Citizens Bank v. TaylorSupreme Court of Georgia · 1929
- Wickwire-Mitchell Royalty Trust v. TaylorCourt of Appeals of Texas · 1947
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