International & Great Northern Railway Co. v. Ragsdale

Gaines, Associate Justice.

Appellants’ application for a continuance was properly overruled. His bond by which the case was appealed from the justice court, where it was originally tried, to the district court, was filed October 4, 1884. The cause was called for trial in the district court on the seventeenth day of the same month. The witness Gooch, whose testimony was sought, is shown, by the record to have been in the employment of defendant not very long before the application, and it might be inferred was in its employment still. It would seem, therefore, that by proper diligence there was…