Hogan v. Burleson

Citations

• 25 Tex. 35

Syllabus

<p>The filing by a party to a suit of interrogatories addressed to a witness residing in another county, a few days after the institution of the suit, without further steps to have the testimony taken until eighteen months thereafter, and then (sixteen days only before the cause was called for trial) filing interrogatories a second time to take the testimony of the same witness, show no diligence to procure it; and it was not error to overrule an application to continue the cause which rested upon the want of that testimony.</p> <p>If the party seeking a continuance had in fact used reasonable efforts to procure the testimony of the witness, and had been unsuccessful because the witness had changed his place of residence, or for any other cause, the facts should be stated in his application; and where he has failed to do so, the statement of them in support of a motion for new trial will not avail him.</p>