PATTERSON OIL CO. v. BRODHEAD

No. 4367.

2 F.2d 598 (1924)

PATTERSON OIL CO. v. BRODHEAD.

Circuit Court of Appeals, Fifth Circuit.

November 5, 1924.


Attorney(s) appearing for the Case

E. J. Miller, of Brownwood, Tex. (Jenkins & Miller, of Brownwood, Tex., on the brief), for plaintiff in error.

H. E. Jackson, of San Angelo, Tex. (Collins & Jackson, of San Angelo, Tex., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.


PER CURIAM.

What is relied on as the ground for reversing the judgment in this case is the action of the court in overruling a motion for a continuance made by the plaintiff in error, the defendant below. The record contains no bill of exceptions. Without a bill of exceptions, the motion for a continuance and the court's ruling thereon are not properly presented for consideration by an appellate court.

Furthermore, the record before us does not in any way indicate that the facts alleged in the motion as grounds for a continuance were admitted or proved. For aught that in any way is disclosed, the ruling complained of may have resulted from a finding of the nonexistence of the facts alleged on the motion. The record shows no error.

The judgment is affirmed.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases