Campion v. Angier
Texas Supreme Court
Error from Brazoria. The case had been, continued at a previous Term, on the application of the same defendant. The other facts are sufficiently apparent from the Opinion.
1Opinion of the CourtWheeler, J.
The affidavit for a continuance was insufficient, in that, it did not state, that there were other witnesses in attendance by whom the defendant could prove the same facts; or, in the words of the statute, “ that the testimony ean- “ not be obtained from any other source.” (Hart. Dig., Art, 815.) And the event showed that the defendant had witnesses in attendance, who were sufficiently cognizant of all the material parts of his case.
The correct practice, doubtless is, in no case to revise the judgment of the Court, refusing a continuance, unless the party seeking a reversal on that ground,…
2Cited by22 opinions
- Tex. & Pac. R'y Co. v. HardinTexas Supreme Court · 1884
- St. Louis Southwestern Railway Co. v. BowlesCourt of Appeals of Texas · 1903
- Supreme Commandery Knights of Golden Rule v. RoseTexas Supreme Court · 1884
- Harrison v. CottonTexas Supreme Court · 1860
- Jones v. StateTexas Supreme Court · 1874
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