11 Tex. 85 | Tex. | 1853
The first assignment of error, in this case, is, that the District Court erred in refusing the continuance asked by the appellant. On inspecting the transcript of the affidavit in support of the motion for continuance, it will be found to be vague and uncertain, and not entitling the party
There is nothing in the other assignment as to the secondary evidence admitted, of the existence and loss of the note sued on. The appellant had, in his plea, admitted the note sued upon, and set up matter in avoidance. He made no objection to the admission of the secondary evidence. When admitted, its sufficiency was a question for the jury. He cannot object to its admissibility in this Court, not having made the objection in the Court below. The judgment is affirmed.
Judgment affirmed.