Debenham v. Short
Court of Appeals of Texas
Appeal from Harrison County Court; W. H. Strength, Judge. Suit by L. W. Debenbam against F. Short and another. Judgment for plaintiff for tbe sum claimed, but t refusing to foreclose a statutory lien. Plaintiff appeals.
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Appeal from Harrison County Court; W. H. Strength, Judge. Suit by L. W. Debenbam against F. Short and another. Judgment for plaintiff for tbe sum claimed, but t refusing to foreclose a statutory lien. Plaintiff appeals. September 1, 1916, A. Demetrack sold tbe crockery, cutlery, tables, chairs, counters, mirrors, stoves, and other furnishings used in tbe operation of a restaurant in Marshall, known as tbe “Elite Café,” to F. Short for $800. Tbe sale was on credit; and to secure tbe payment of tbe purchase price Short, on tbe day it was made, executed and delivered to Demetrack a mortgage on…
1Opinion of the CourtWillson, C. J.
(after stating tbe facts as above).
[1] Tbe question presented by tbe record may be stated as follows: Under article 5644, Vernon’s Statutes, does a lien for wages due exist on articles used in tbe operation of a restaurant in favor of one who, having served tbe owner thereof as a cook or waiter, has complied with tbe requirements of article 5645 of said statutes? Said article 5644 is, in part, as follows:
“That whenever any clerk, accountant, bookkeeper, artisan, craftsman, factory operator, mail operator, servant, mechanic, quarryman, or common laborer, farm hand, male or female, may labor or…
2Cases cited2 opinions
- Roberts v. WimberlyTexas Supreme Court · 1874
- Goldsticker v. FordTexas Supreme Court · 1884
3Cited by8 opinions
- Hardison v. StateCourt of Appeals of Maryland · 1961
- Williams v. MagouirkCourt of Appeals of Texas · 1921
- Lee v. the Cloverleaf, Inc.Supreme Court of Florida · 1937
- Hemphill v. GleasonCourt of Appeals of Texas · 1925
- Mann v. RugelCourt of Appeals of Texas · 1950
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