Cabell v. Holloway

STEPHENS, Associate Justice.

This is the second appeal in this case, the position of the parties upon the docket, however, being now reversed. 3 Texas Civ. App., 320.

The first error is assigned to the refusal of appellants’ third application for continuance, they having obtained two continuances prior to the first appeal. The absence of witness Hightower and of the leading counsel were the grounds of the application. The testimony of Hightower was shown to be material. Was the application in other respects such as to show a clear abuse of discretion in its refusal? It showed that the witness…