Patton v. Williams
Court of Appeals of Texas
Appeal from the District Court of Brath. Tried below before Hon. W. J. Oxford.
1Opinion of the Court
STEPHENS, Associate Justice.
The first requisite of an application for a continuance on the ground of the want of testimony is, that "the party applying therefor shall make affidavit that such testimony is material, showing the materiality thereof.” Rev. Stats., art. 1278. The application overruled in this case did not contain the affidavit that the testimony was material, and was therefore fatally defective. The nearest approach to it was the following: “To show the materiality of the testimony of these witnesses the defendants state that they expect to prove,” etc., which was followed by a…
2Cases cited2 opinions
- Hogan v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1895
- Earl v. StateCourt of Appeals of Texas · 1903
3Cited by9 opinions
- Williams v. Nationstar Mortgage, LLC, Texas Court of Appeals, 6th District (Texarkana)2011
- State v. LilesCourt of Appeals of Texas · 1919
- Ft. Worth & Rio Grande Railway Co. v. EddlemanCourt of Appeals of Texas · 1908
- Shanklin v. MoseleyCourt of Appeals of Texas · 1926
- Barrow v. BementCourt of Appeals of Texas · 1922
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