Robinson v. Martel
Texas Supreme Court
Appeal from Fayette. Suit by appellee against apppellant, to recover a slave (Ned) or his value, and the value of his services. Both parties claimed by purchase from Henry Martel.
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Appeal from Fayette. Suit by appellee against apppellant, to recover a slave (Ned) or his value, and the value of his services. Both parties claimed by purchase from Henry Martel. The bill of sale to the .plaintiff’s intestate was dated July 24th, 184'7; was filed for record on the 31st of May, 1850 ; and purported (including another slave) to be made in consideration of SI,055. The bill of sale to the defendant was dated July 9th, 1851, and purported to be made in consideration of $900. It was witnessed by Gusta vus Martel, the present administrator of Fred Martel; and it appeared on the…
1Opinion of the CourtLipscomb, J.
The first error is, to the, overruling the motion for continuance, made by the appellant, in the Court below. The affidavit on which the motion was supported, was made by the attorney of the party ; and he does not show any reason why it was not made by the defendant himself. Where a party is absent from the country, and his attorney takes it upon himself, to have witnesses subpoanaed, and is advised of the materiality of their evidence, there could be no objection to an affidavit for a continuance being made by the attorney, or any other person acting for the party. The attorney may know the…
2Cited by11 opinions
- Hoeser v. KraekaTexas Supreme Court · 1867
- Doll v. MundineTexas Supreme Court · 1892
- Smothers v. GawlikCourt of Appeals of Texas · 1948
- Scarborough v. BlountCourt of Appeals of Texas · 1913
- Brown v. GatewoodCourt of Appeals of Texas · 1911
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