W. Arnold & Co. v. D. C. Hockney & Bro.
Texas Supreme Court
Appeal from Freestone. Tried below before the Hon. D. M. Prendergast. June 24, 1875, D. 0. Hockney & Brother brought suit on three promissory notes against William Arnold & Co. in the District Court of Freestone county. An attachment was obtained, and was levied on a large amount of property of the defendants. The defendants pleaded general demurrer and general denial, and, in reconvention, that the attachment was wrongfully and maliciously sued out, and for damages.
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Appeal from Freestone. Tried below before the Hon. D. M. Prendergast. June 24, 1875, D. 0. Hockney & Brother brought suit on three promissory notes against William Arnold & Co. in the District Court of Freestone county. An attachment was obtained, and was levied on a large amount of property of the defendants. The defendants pleaded general demurrer and general denial, and, in reconvention, that the attachment was wrongfully and maliciously sued out, and for damages. The case was continued, (at whose instance it does not ap-. pear,) until April 5,1878, when an application for continuance was…
1Opinion of the Court
Moore, Chief Justice.
If the court below erred in any of its rulings in this case, it is not shown by the record before us. The only objection to the judgment suggested in appel*48lants’ brief which seems to us worthy of notice, is the refusal of the court to continue the case on aifklavit filed by appellants’ attorney.
If the application was for a first continuance, the affidavit was sufficient and the continuance should have been allowed, but the affidavit was clearly insufficient to warrant a second continuance. The affidavit does not state the facts expected to be proved by the absent…
2Cited by11 opinions
- City National Bank of Fort Worth v. StoutTexas Supreme Court · 1884
- Land v. StateCourt of Criminal Appeals of Texas · 1895
- Halliburton v. StateCourt of Criminal Appeals of Texas · 1895
- Missouri, Kansas & Texas Railway Co. v. WrightCourt of Appeals of Texas · 1898
- Massie v. StateCourt of Appeals of Texas · 1891
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