Legal Opinion

Ball, Hutchings & Co. v. Presidio County

Texas Supreme Court

Decided March 4, 1895No. 236PublishedCited by 23 opinions

Error to Court of Civil Appeals for Fourth District, in an appeal from Presidio County. Justice Hell, of said court, not sitting. Suit by Ball, Hutchings & Co. against Presidio County on certain -coupons for interest upon county bonds delivered to Britton & Long. The trial court, without a jury, gave judgment for the county. The judgment was reversed and judgment rendered by Court of Civil Appeals for the plaintiffs.

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Error to Court of Civil Appeals for Fourth District, in an appeal from Presidio County. Justice Hell, of said court, not sitting. Suit by Ball, Hutchings & Co. against Presidio County on certain -coupons for interest upon county bonds delivered to Britton & Long. The trial court, without a jury, gave judgment for the county. The judgment was reversed and judgment rendered by Court of Civil Appeals for the plaintiffs. The defendant’s application for writ of error complained of error by the Court of Appeals, “In not holding, with tbe court below, that appellants were bound to know, as matter of…

1Opinion of the Court

DENMAN, Associate Justice.

—On the 9th day of February, 1886, the Commissioners Court of Presidio County, Texas, entered an order embodying the following: (1) The bid of Britton to construct a court house at Marfa, Presidio County, Texas, for $60,000, to be paid in courthouse and jail bonds, and that of Anderson, to construct a jail at same place for $26,000, to be paid in same kind of bonds, were accepted; (2) Britton and Anderson were respectively required, within ten days from February 9, 1886, the date of said order, to enter into contracts to construct same; (3) work to begin in twenty…

2Cases cited4 opinions

  1. McClure v. Township of OxfordSupreme Court of the United States · 1877
  2. Nolan County v. StateTexas Supreme Court · 1891
  3. Brown v. ReeseTexas Supreme Court · 1887
  4. Polly v. HopkinsTexas Supreme Court · 1889

3Cited by23 opinions

  1. County of Mitchell v. City National BankTexas Supreme Court · 1898
  2. Presidio County v. Noel-Young Bond & Stock Co.Supreme Court of the United States · 1909
  3. Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
  4. Coffee v. LiebCourt of Appeals of Texas · 1937
  5. Mecom v. FordTexas Supreme Court · 1923

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