McWhorter v. Estes
Court of Appeals of Texas
Appeal from Martin County Court; A. C. Eidson, Judge. Action by A. D. Estes against S. D. McWhorter. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHarper, C. J.
This suit was instituted by appellee against S. D. McWhorter, appellant, to recover amount of a promissory note.
The first assignment is to the action of the court in overruling motion for continuance. Application was based upon the ground of surprise, in that the original petition showed upon its face that appellee had purchased the note after maturity; that the trial amendment wherein it was alleged that the note was purchased before maturity was filed the day before the trial; that on account of the short time he had to meet the new allegations of fact lie was unable to produce evidence at…
2Cases cited4 opinions
- Cowan v. WilliamsTexas Supreme Court · 1878
- Pennington v. SchwartzTexas Supreme Court · 1888
- Wood v. EvansTexas Supreme Court · 1875
- Whitaker v. RecordTexas Supreme Court · 1860
3Cited by3 opinions
- Silver Valley Horse v. C. v. Evans Co.Court of Appeals of Texas · 1916
- Western Union Telegraph Co. v. GrahamCourt of Appeals of Texas · 1922
- Silver Valley Horse v. C. v. Evans Co.Court of Appeals of Texas · 1916