Tex. & Pac. R'y Co. v. Watson

3 Willson 369

Opinion

Opinion by

Will-son, J.

§ 302. Continuance; first application for must be granted, when. Appellant’s application for a continuance was a first one, and it contained every requisite of the statute. The court erred in not granting it. When a first application for a continuance is in strict compliance with the statute, the court has no discretion in the matter, but must continue the cause. [Cleveland v. Cole, 65 Tex. 402.]

Reversed and remanded.