Prewitt v. Everett
Texas Supreme Court
Appeal from Cass. The point mainly relied on by the appellant to reverse the judgment of the court below in this case was the overruling- of his motion for a continuance.
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Appeal from Cass. The point mainly relied on by the appellant to reverse the judgment of the court below in this case was the overruling- of his motion for a continuance. The affidavit on which the motion for a continuance was made was : “That “ho cannot go safely to trial without the evidence of Joel Hughes, which is “ material to ids defense; that he expects to prove by said witness that plaintiff “ only charged defendant one hundred dollars for services in favor of defendant “against J. P. Hughes; defendant also expects to prove by said witness the “indebtedness of the plaintiff to the…
1Opinion of the CourtLipscomb, J.
It will he seen by reference to art. 815, Hart. Dig., that the affidavit is almost in literal conformity with tlie requisitions of the statute on an application for a second continuance, and the record does not show that there had been more than one continuance before asked by the defendant. In truth, it. does not appear that the case had ever been continued on tlie affidavit of the defendant. It is inferred that it liad been once continued from the fact that an affidavit for a continuance by the defendant was filed and appears upon record, but- it does not appear that there was any action of…
2Cited by10 opinions
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- Gulf, C. & S. F. Ry. Co. v. BrooksCourt of Appeals of Texas · 1910
- Gulf, Colorado & Santa Fe Railway Co. v. BrooksCourt of Appeals of Texas · 1910
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