Jordan v. Robson
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Trespass to try title to a half of a league of land in Calhoun county, brought by Robson, the appellee, against Hugh Jordan, on the 22d of July, 1857. The cause was continued for service at the Fall Term, 1857, and the two next ensuing terms. At the Spring Term, 1859, George W. Garrett was, on motion, made a party defendant with leave to defend.
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Trespass to try title to a half of a league of land in Calhoun county, brought by Robson, the appellee, against Hugh Jordan, on the 22d of July, 1857. The cause was continued for service at the Fall Term, 1857, and the two next ensuing terms. At the Spring Term, 1859, George W. Garrett was, on motion, made a party defendant with leave to defend. The defendant pleaded the general issue and the limitation of five years, and suggested improvements in good ■faith. At the Fall Term, 1859, the cause was continued at the instance of…
1Opinion of the CourtMoore, J.
The application for a continuance by the appellants, who were defendants in the District Court, 'should have been granted. It was the first application for a continuance. The affidavit showed facts tending to prove a complete and effectual de*615fence to the plaintiff’s action. All reasonable diligence seems to have been used in preparing for trial, and the circumstances of the case sufficiently excuse the want of the ordinary statutory diligence entitling a party to a continuance.
The ground upon which the application was overruled by the court is not stated in the record. Counsel say, in their…
2Cited by3 opinions
- Jester v. SteinerTexas Supreme Court · 1894
- Great Southern Sulphur Co. v. MillsCourt of Appeals of Texas · 1924
- Hampshire v. FloydTexas Supreme Court · 1873