Hall v. York
Texas Supreme Court
Appeal from De Witt. This was a suit by the appellant against the administrator of John York, for the penalty of a title bond for a half league of land situated in Washington county, given by said York to one James Cox, and by Cox assigned to the plaintiff. The petition alleged that the bond was lost.
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Appeal from De Witt. This was a suit by the appellant against the administrator of John York, for the penalty of a title bond for a half league of land situated in Washington county, given by said York to one James Cox, and by Cox assigned to the plaintiff. The petition alleged that the bond was lost. The suit was commenced Nov. 6th, 1851. At the Spring Term, 1853, the plaintiff moved for a continuance,— The affidavit stated that he could not go safely to trial for the want of testimony which was then in possession of a jury which was out in a suit between the same parties, which testimony…
1Opinion of the CourtWheeler, J.
The Court clearly did not err in refusing a continuance. That papers, which the plaintiffs wished to use upon the trial, were in the possession of the jury who had retired to consider of their verdict in another case, was no ground for a continuance. The Court would not permit the party to sustain an injury for the want of .those papers, but would take measures to put him in possession of them, when they were wanted for the purposes of the trial. If they had been beyond the reach of the Court, or the party, without his fault, the case would have been different. But when they were so easy of…
2Cited by10 opinions
- Fritch v. J. M. English Truck Line, Inc.Texas Supreme Court · 1952
- Stinson v. SneedCourt of Appeals of Texas · 1914
- Hollingsworth v. MexiaCourt of Appeals of Texas · 1896
- Hall v. YorkTexas Supreme Court · 1859
- Kellam v. HamptonCourt of Appeals of Texas · 1910
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