Legal Opinion
Shipe v. Bartholomew
Court of Appeals of Texas
Decided March 29, 1922No. 6725. [fn*]PublishedCited by 1 opinion
Appeal from District Court, Travis County; George Calhoun, Judge. Suit by E. F. Fields and others against E. C. Bartholomew, M. M. Shipe, and another, to abate a nuisance, in which defendant Bartholomew filed a cross-action against defendant Shipe to recover the cost of abating the nuisance. From a judgment for defendant Bartholomew on his cross-action, after the nuisance was abated, defendant Shipe appeals.
1Opinion of the CourtCobbs, J.
Appellee admits that appellant’s statement of the natüre and. result of the case is correct, except as to the construction placed upon appellee’s supplemental answer. The statement is as follows:
“On May 29, 1915, appellees filed their second amended original petition, complaining against appellant M. M. Shipe, appellees E. 0. Bartholomew and Patrick Gaffney, alleging that there was a gravel pit located on out lot No. 76, division D, of the city of Austin; that appellee Bartholomew owned a portion of said gravel' pit 150x200 feet, located on the north end of said out lot, abutting on…
2Cases cited5 opinions
- Sun Company v. WyattCourt of Appeals of Texas · 1908
- Pullman Co. v. McGowanCourt of Appeals of Texas · 1919
- Garrett v. RobinsonTexas Supreme Court · 1900
- King & King v. PorterCourt of Appeals of Texas · 1921
- McKneely v. ArmstrongCourt of Appeals of Texas · 1913
3Cited by1 opinion
- Bartholomew v. ShipeTexas Commission of Appeals · 1923