McMahan v. Busby
Texas Supreme Court
Appeal from Tyler. The case was tried before Hon. James M. Maxoy, one of the district judges. On the 9th of April, 1860, McMahan & Gilbert sued Busby and one H. H. Hough for $1,245 24. They averred that on the 18th February, 1859, the said J. I. Busby and one Charles Boos made and delivered to Matthew Slater their promissory note, payable to him or bearer eight months after date, for $1,245 24, with ten per cent, interest after maturity.
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Appeal from Tyler. The case was tried before Hon. James M. Maxoy, one of the district judges. On the 9th of April, 1860, McMahan & Gilbert sued Busby and one H. H. Hough for $1,245 24. They averred that on the 18th February, 1859, the said J. I. Busby and one Charles Boos made and delivered to Matthew Slater their promissory note, payable to him or bearer eight months after date, for $1,245 24, with ten per cent, interest after maturity. The petition also averred that the note was transferred by said Matthew 'Slater to said H. H. Hough, and by Hough indorsed to plaintiffs before maturity.…
1Opinion of the CourtSmith, J.
This suit was instituted April 9, 1860, and process was served on the appellant the same day; and it was called for trial on the 8th day of March following, when the defendant made an affidavit for a continuance for want of the testimony of the witness, M. Slater, a resident citizen of Liberty county; that he had used due diligence to procure the said testimony, by propounding interrogatories to him, on the 20th April, 1860; that he had been served with citation but a few days before, and it was then too late to procure the answers of the witness. The court refused to grant the continuance,…
2Cases cited11 opinions
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