Austin & N. W. R. R. Co. v. Rucker & Montgomery
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. A. S. Walker. Suit by Bucker & Montgomery in their own'right and for the use of Marshall, Yaughn and Vicars, based upon about forty certified due bills which had been executed by G. G. Anderson to certain persons named for labor in constructing defendants’ line of railroad from Austin to Burnet.
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Appeal from Williamson. Tried below before the Hon. A. S. Walker. Suit by Bucker & Montgomery in their own'right and for the use of Marshall, Yaughn and Vicars, based upon about forty certified due bills which had been executed by G. G. Anderson to certain persons named for labor in constructing defendants’ line of railroad from Austin to Burnet. Anderson" was alleged to be a sub-contractor under Sanford &'Son, who were original contractors of appellants to furnish cross-ties in constructing its road. Appellees claimed to be the legal and equitable owners of said bills, by purchase and…
1Opinion of the Court
Stayton, Associate Justice.—
The judgment rendered cannot be construed as a judgment in personam against the appellant, without doing so upon some other ground than a fair construction of the language in which it is written. The statute regulating the enforcement of liens given to mechanics, laborers and operatives upon railroads, to secure the payment of their wages, does not declare who shall be made defendants in suits brought to foreclose such liens. It is claimed in this cause that the contractor and sub-contractor, under contract with whom the labor was performed, were necessary parties…
2Cases cited3 opinions
- Wibbing v. PowersSupreme Court of Missouri · 1857
- Carney v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1862
- Emmet & Keifer v. Rotary Mill Co.Supreme Court of Minnesota · 1858
3Cited by10 opinions
- Roberts v. CarlisleCourt of Appeals of Texas · 1928
- Lee Turzillo Contracting Co. v. Cincinnati Metropolitan Housing AuthorityOhio Supreme Court · 1967
- Hartfield v. GreberTexas Commission of Appeals · 1918
- San Antonio & Aransas Pass Railway Co. v. CockrillTexas Supreme Court · 1889
- E. T. R. R. Co. v. DavisCourt of Appeals of Texas · 1904
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