Legal Opinion

Debenham v. Short

Court of Appeals of Texas

Decided December 6, 1917No. 1873PublishedCited by 8 opinions

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

  1. Roberts v. WimberlyTexas Supreme Court · 1874
  2. Goldsticker v. FordTexas Supreme Court · 1884

3Cited by8 opinions

  1. Hardison v. StateCourt of Appeals of Maryland · 1961
  2. Williams v. MagouirkCourt of Appeals of Texas · 1921
  3. Lee v. the Cloverleaf, Inc.Supreme Court of Florida · 1937
  4. Hemphill v. GleasonCourt of Appeals of Texas · 1925
  5. Mann v. RugelCourt of Appeals of Texas · 1950

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