Legal Opinion

Peck-Smead Co. v. City of Sherman

Court of Appeals of Texas

Decided April 20, 1901PublishedCited by 7 opinions

Error from Grayson. Tried below before Hon. Don A. Bliss.

1Opinion of the Court

TEMPLETON, Associate Justice.

The Peck-Smead Company brought this suit against the city of Sherman and the school board of said city. Each of the defendants interposed a general demurrer to the petition. The demurrers were sustained and final judgment rendered, dismissing plaintiff’s suit. The case has been brought to this court by writ of error.

It was alleged in the petition that on and prior to August 30, 1893, the city of Sherman was an incorporated city of less than 10,000 inhabitants, having been incorporated under the general laws; that it had legally assumed control of the public free…

2Cases cited2 opinions

  1. McNeal v. City of WacoTexas Supreme Court · 1895
  2. Dwyer v. HackworthTexas Supreme Court · 1882

3Cited by7 opinions

  1. Bone v. BlackCourt of Appeals of Texas · 1915
  2. Crowell Independent School Dist. v. First Nat. Bank of BenjaminCourt of Appeals of Texas · 1914
  3. Toole v. First Nat. Bank of HemphillCourt of Appeals of Texas · 1914
  4. Board of Trustees of v. JacobCourt of Appeals of Texas · 1914
  5. Hamilton v. BowersCourt of Appeals of Texas · 1912

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