
    H. & T. C. R’y Co. v. W. J. Wheeler.
    (No. 1496, Op. Book No. 3, p. 510.)
    Appeal from Dallas County.
    March 19, 1881.
   Opinion by

White, P. J.

§ 170. Continuance; diligence. On a first application for a continuance upon the ground of the absence of material witnesses, it was not necessary to show that the witnesses’ fees have been paid or tendered to them. [Tex. Transp. Co. v. Hyatt & Henning, 54 Tex. 213.]

Reversed and remanded.  