Gulf, Colorado & Santa Fe Railway Co. v. Wheat

Citations

• 68 Tex. 133
• 3 S.W. 455
• 1887 Tex. LEXIS 653

Syllabus

<p>1. Citation.—A citation to a defendant -which requires him to appear at the next regular term of the court, and on the Monday in the month designated by law for the term to begin, is sufficient, without specifying more particularly the day of the month.</p> <p>3. Continuance.—See opinion for facts which, upon motion for continuance of a cause, were held insufficient to show due diligence.</p> <p>8. Same.—One who fails to avail himself of the means which the law furnishes to procure evidence can not be said to have used due diligence.</p> <p>4. Tenants in Common.—When, by agreement between tenants in common, one has the exclusive use and possession of a part of the common property, while the other has like use of other lands thus owned, either may recover for an injury done to the property to which he has right of such exclusive use or occupation.</p>