Costley v. Chapman

On Rehearing.

It is contended in appellant’s motion for rehearing that we were in error in that portion of our opinion reading:

“What, if any, efforts appellant made to have the case postponed or continued in order that he might be at the trial of the case at bar are not disclosed by the record.”

In this connection it is urged that a telegram from the federal clerk at Fort Worth to the district clerk at Austin, dated March 26, 1923, and reading, “In cause Sloan v. Penix and Costley motion to continue overruled and case goes to trial,” shows that Oostley made every effort to get the federal court…