Riley v. Runkle
Texas Supreme Court
Appeal from Burleson. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. The part of the petition for a certiorari which was held to be insufficient is given for the information of all young certiorari lawyers.
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Appeal from Burleson. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. The part of the petition for a certiorari which was held to be insufficient is given for the information of all young certiorari lawyers. It reads thus: “Defendant made his legal showing for a continuance for want of a material - witness who had been duly subpoenaed, which legal showing for a continuance was overruled by said Cade, and defendant [was forced] into trial in the absence of all his witnesses. Defendant also denied any and all indebtedness to said plaintiff, and offered his…
1Opinion of the CourtWillie, J.
motion to dismiss the certiorari was
properly sustained in the court below. The petition states, that appellant made his legal showing for a continuance for want of a material witness, who had been duly subpoenaed, which legal showing was overruled by the justice of the peace, &c. What was a legal showing for a continuance in this particular case was a conclusion of law, to be drawn by the court from a statement of the facts upon which the application to continue was based. The petition should have set forth these facts, or the substance of them, so that the court could have judged as to their…
2Cases cited2 opinions
- McKensie v. PitnerTexas Supreme Court · 1857
- Robinson v. LakeyTexas Supreme Court · 1857