Citations
- 71 Tex. 373
Full opinion text
Gaines, Associate Justice.
This suit was brought by appellee against appellant to recover damages for a personal injury.
The petition was filed on the fifteenth day of September, 1887, and the case was called for trial on the thirtieth day of the next November, when an application for a continuance for the want of testimony was made on behalf of the appellant, and was overruled by the court. It is assigned that the action of the court was error. But we think not. Upon the first application for a continuance it must not only be stated that due diligence has been used to procure the attendance or deposition of the witness, but the diligence used must be set forth. (Rev. Stats., art. 1277.) As to one Farlow, who is alleged to be a material witness, it is stated that he was a brakeman in charge of the car which collided with that upon which plaintiff was traveling at the time he was injured, and that 6