Stachely v. Peirce
Texas Supreme Court
Appeal from Comal. The case was tried before Hon. Thomas H. Stripling, one of the district judges. W. A. Peirce sued John A. Stachely, and charged that on the 30th day of May, 1861, the plaintiff caused to be delivered to the defendant six hundred and forty pounds of wool on storage, to be disposed of as thereafter the plaintiff should direct; that the plaintiff was the legal and equitable owner of the wool; that on the 1st of October, 1861, he demanded a return of the wool,…
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Appeal from Comal. The case was tried before Hon. Thomas H. Stripling, one of the district judges. W. A. Peirce sued John A. Stachely, and charged that on the 30th day of May, 1861, the plaintiff caused to be delivered to the defendant six hundred and forty pounds of wool on storage, to be disposed of as thereafter the plaintiff should direct; that the plaintiff was the legal and equitable owner of the wool; that on the 1st of October, 1861, he demanded a return of the wool, and tendered the price of the storage, and the defendant refused to re-deliver the wool; that the wool was worth fifty…
1Opinion of the CourtDonley, J.
—The first error assigned is, that “the court erred in overruling the defendant’s affidavit for a continuance.” On looking to the affidavit, it is seen that the application is made on account of the absence of John Ireland and George Judson. The record shows that Ireland was present during the trial. The affidavit is insufficient to entitle the appellant to a continuance of the cause; it is not stated that it was expected to have the testimony of said witness at the next term of the court, or at' any time.
The application is also based on inability to procure copy of judgment of the…
2Cases cited2 opinions
- Hunter v. WaiteTexas Supreme Court · 1853
- Lewis v. QuinkerCourt of Appeals of Kentucky · 1859
3Cited by23 opinions
- Middlebrook Bros. v. ZappTexas Supreme Court · 1889
- T. C. R'y Co. v. BurnettTexas Supreme Court · 1884
- Goldman v. BlumTexas Supreme Court · 1883
- Pool v. E. H. Chase & Co.Texas Supreme Court · 1876
- Hanner and Wife v. SummerhillCourt of Appeals of Texas · 1894
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