Legal Opinion

Lee v. Zundelowitz

Court of Appeals of Texas

Decided April 26, 1922No. 1955. [fn*]Published

Appeal from- District Court, Wichita County ; E. W. Napier, Judge. Suit by-A. Zundelowitz against Louis Lee. From a judgment refusing to postpone trial, and overruling motion for a new trial, defendant appeals.

1Opinion of the CourtBoyce, J.

The appellee brought this suit against appellant to recover rentals alleged to be due under lease contracts between plaintiff and defendant, whereby the plaintiff leased certain property to the defendant for the term of one year, with rentals payable monthly in advance. The defendant answered by general demurrer and general denial. The trial was begun without the defendant or his counsel being present. During its progress defendant’s counsel appeared, and asked for a postponement of the trial, which was denied. Whereupon said counsel retired, and the case proceeded without his presence, and…

2Cases cited4 opinions

  1. Holliday v. HollidayTexas Supreme Court · 1889
  2. Montgomery v. CarltonTexas Supreme Court · 1882
  3. Alexander v. SmithCourt of Appeals of Texas · 1899
  4. Trayhan v. StateCourt of Appeals of Texas · 1915

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