McMichael v. Truehart

Citations

• 48 Tex. 216

Syllabus

<p>1. Continuance—Practice.—Continuances are counted as first, second, or subsequent applications, from the filing of the suit,—not from the reversal of a case on appeal or error.</p> <p>2. Same.—See application held insufficient on second application for continuance.</p> <p>3. Same.—Where, in an application for second continuance, it appears that there is other testimony than that sought, the application should show on its face facts from which the court could determine whether the desired testimony was essential to the case of the party making such application.</p> <p>4. Practice—Conflicting record.—Where'the record shows, in the bill of exceptions, that certain testimony was excluded, and in the statement of facts, that the same testimony was admitted, the appellate, court will not determine which is correct, and cannot say that the court below was in error in excluding the testimony, as shown in the bill of exceptions.</p>