Ramsey v. Gardner

Mr. Justice Griffin, joined by Justices Brewster and Smith,

dissenting.

I respectfully dissent from the majority opinion.

The majority opinion holds that Art. 2168a, Vernon’s Ann. Civ. Statt. of Texas, is not applicable to the present proceedings. In this, I think the majority is in error. The majority applies Art. 2168a and our corresponding Rule 254 only to bring about a postponement of a trial of a cause, and not to postpone any preliminary or ancillary proceeding. This conclusion is arrived at by considering only the language of that portion of the *465Article and Rule which provides that the…