Lyon v. Stevens

Citations

• 35 Tex. 439

Syllabus

<p>Plaintiff sued defendants for money deposited with them by him, and also for damages by reason of its detention after demand made. Defendants pleaded a general denial, and also a special answer, alleging that the money belonged to a party indebted to them, and asked that their debtor be made a party to the suit, etc. Defendants applied for a first continuance on account of absent witnesses, and their showing fully complied with the requirements of the statute, but the court below overruled the application on the ground that the special answer presented no defense. Held, that the refusal of the continuance was erroneous, because, however frivolous the special answer may have been, the general denial raised issues of fact on which the defendants were entitled to be heard by their witnesses.</p>