Lopez v. Columbus Quarter Horse Association

COLEMAN, Justice.

This is an appeal from a summary judgment for the defendant in a personal injury damage suit.

The appeal is predicated on two points of error:

First. “The Honorable Trial Court erred and violated his discretionary powers in not granting Plaintiff’s motion for continuance, in that the Plaintiff himself was a material witness, and it was necessary for him to make the affidavit setting up the fact situation to be determined by a jury, when due diligence was used by Plaintiff’s attorney to find him after the motion for summary judgment had been filed and prior to such hearing.”

Secon…