Addington v. Bryson
Addington v. Bryson
Opinion of the Court
Opinion by
§ 1292. Continuance; discretion of court in hearing application for. The direction of and control over the various steps required to be taken in the progress of a trial, except so far as they are regulated by statute or by rules established by the supreme court for the regulation of trials in the inferior courts, are, and of necessity must be, left to the discretion of the court trying the cause.
§ 1293. New trial; motion for, based on action of the court in refusing to grant time to make application for continuance. It devolved on appellant, on his motion for a new trial, to negative the idea by affidavit that his failure to ask for a continuance under a sworn statement therefor at the proper time was the result of his own fault or neglect, supported by affidavit of the absent witness, if it could be procured, as to the facts he would testify to, or of his own, of such facts as said witness would testify to, if the affidavit of the witness could not be procured in time. [Ward v. Cobbs, 14 Tex. 304; Spencer v. Kinnard, 12 Tex. 180; Chilson v. Reeves, 29 Tex. 280.]
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.