C. H. Allyn & Co. v. P. J. Willis & Bro.
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. This was a case of trial of right of property, and grew out of the failure of E. M. Ewing, in 1881. In August, 1881, P. J. Willis & Bro., of Galveston, sold E. M. Ewing, of Blooming Grove, a town in Navarro county, fifteen miles west of Corsicana, a bill of goods, to be delivered in September, and to be paid for in one, two, three and four months.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. This was a case of trial of right of property, and grew out of the failure of E. M. Ewing, in 1881. In August, 1881, P. J. Willis & Bro., of Galveston, sold E. M. Ewing, of Blooming Grove, a town in Navarro county, fifteen miles west of Corsicana, a bill of goods, to be delivered in September, and to be paid for in one, two, three and four months. The goods were shipped to E. M. Ewing, Blooming Grove, via Corsicana, and reached Corsicana about September 6, 1881, and were taken fromi the depot and stored in the storehouse of A.…
1Opinion of the Court
Stayton, Associate Justice.
The application for a continuance does not contain the requisites of the statute for a first continuance ; nor does it contain such statements as to the diligence used to procure the attendance of the witness, or as to the materiality of his testimony as would show that any ¡injury resulted from the action of the court below.
On applications not in compliance with the statute, the granting or "refusing of a continuance, as has often been said, is addressed to the discretion of the trial court, and its ruling will not be disturbed by this court, unless it be made…
2Cases cited5 opinions
- Chandler v. FultonTexas Supreme Court · 1853
- Halff, Weiss & Co. v. Chas. H. Allyn & Co.Texas Supreme Court · 1883
- Fox & Bro. v. Willis & Bro.Texas Supreme Court · 1883
- Kirkland v. SullivanTexas Supreme Court · 1875
- Woodruff v. NoyesSupreme Court of Connecticut · 1843
3Cited by22 opinions
- Aronoff v. Texas Turnpike AuthorityCourt of Appeals of Texas · 1957
- Allen v. PlummerTexas Supreme Court · 1888
- P. J. Willis & Bro. v. ThompsonTexas Supreme Court · 1892
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- A. C. Petri & Bro. v. Lincoln National BankTexas Supreme Court · 1892
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