Brooks v. Howard
Texas Supreme Court
Appeal from Angelina. The case was tried before Hon. A. W. 0. Hicks, one of the district judges. The defendants and appellants having moved to continue the cause and filed a very long affidavit, the application was overruled, and the defendant excepted; and judgment having been rendered against him', he appealed, and assigned for error the action of the court in overruling the continuance. The grounds of the motion are sufficiently set forth in the opinion.
1Opinion of the CourtWillie, J.
The only error relied upon by appellants for a reversal of the judgment in this case is the overruling by the court below of their motion for a continuance. This was the third application on their part to continue the case, and was, therefore, addressed to the sound discretion of the court, and that discretion is not, as a general thing, the subject of revision. (Hipp v. Huchett, 4 Tex., 22; Green v. Crow, 17 Tex., 180.) It was said, however, in the case first above quoted, that there might be circumstances under which a refusal to grant a continuance would, .even on a third application,…
2Cases cited2 opinions
- Green v. CrowTexas Supreme Court · 1856
- Mays v. LewisTexas Supreme Court · 1849
3Cited by5 opinions
- State v. . LindseySupreme Court of North Carolina · 1878
- Watts v. HollandTexas Supreme Court · 1881
- East Texas Land & Improvement Co. v. Texas Lumber Co.Court of Appeals of Texas · 1899
- Green v. DunmanTexas Supreme Court · 1872
- Gulf, Colorado & Santa Fe Railway Co. v. BurroughsCourt of Appeals of Texas · 1901