Rosenberg v. Shaper
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. Henry Rosenberg leased a brick store in the city of Galveston, in the early part of 1876, to Shaper, by oral lease. Shaper occupied the premises under the lease, with a general stock of dry goods, doing business therein, as a dry-goods merchant, from the 1st of April to the 30th of October, 1876, during the whole of which time he paid no rent. One thousand dollars was then due.
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Appeal from Galveston. Tried below before the Hon. William H. Stewart. Henry Rosenberg leased a brick store in the city of Galveston, in the early part of 1876, to Shaper, by oral lease. Shaper occupied the premises under the lease, with a general stock of dry goods, doing business therein, as a dry-goods merchant, from the 1st of April to the 30th of October, 1876, during the whole of which time he paid no rent. One thousand dollars was then due. At the last-mentioned date-, Rosenberg, being informed that Shaper was about to make an assignment for the benefit of his creditors, sued out a…
1Opinion of the Court
Bonner, Associate Jtjst?ce.
This case is submitted upon an agreed statement of facts. and the following two propositions for our decision:
*1381. Does the “ Act concerning rents and advances,” of April 4, 1874, give a lien to landlords in towns and cities upon goods, wares, and merchandise in the rented premises, to secure rents that may become due ?
2. Under the particular circumstances of this ease, is appellant entitled to a preference under said act, by virtue of his having sued out a distress warrant, though no levy thereof was made ?
Before disposing of the case, we must commend this practice to…
2Cases cited1 opinion
- Morgan v. CampbellSupreme Court of the United States · 1875
3Cited by12 opinions
- Railroad Commission v. Texas & New Orleans R.Court of Appeals of Texas · 1931
- Bourcier v. EdmondsonTexas Supreme Court · 1883
- Frith v. WrightCourt of Appeals of Texas · 1915
- York v. CarlisleCourt of Appeals of Texas · 1898
- In re Subdivision Six of Supreme Court Jurisdiction Act of 1917Texas Supreme Court · 1918
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