Legal Opinion

Burke v. Braumiller

Court of Appeals of Texas

Decided April 6, 1912PublishedCited by 5 opinions

Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by C. C. Burke against Nick Brau-miller and others. From a judgment for defendants, plaintiff appeals.

1Opinion of the Court

Appellant was plaintiff in the court below. In his petition he alleged that appellees, Nick Braumiller, Jake Eldridge, and Gus Munz, without his consent, had entered upon land he owned and cut and removed timber therefrom of the value of $500, and had taken and carried away gravel and sand forming a part of the land of the value of $2,500. He sought a recovery against them of the sum of $3,000 as his damages.

Appellees in their answer denied the truth of the allegations in appellant's petition, and "by way of a plea in reconvention" sought to have the boundary line between land owned by them…

2Cases cited5 opinions

  1. Phillips v. AyresTexas Supreme Court · 1876
  2. Fagan v. StonerTexas Supreme Court · 1887
  3. Williams v. WinslowTexas Supreme Court · 1892
  4. Schaeffer v. BerryTexas Supreme Court · 1884
  5. Lewis v. Steiner, AdministratrixTexas Supreme Court · 1892

3Cited by5 opinions

  1. Braumiller v. BurkeTexas Supreme Court · 1923
  2. J. D. Fields & Co. v. AllisonCourt of Appeals of Texas · 1914
  3. Braumiller v. BurkeCourt of Appeals of Texas · 1915
  4. Strong v. Sunray DX Oil CompanyCourt of Appeals of Texas · 1969
  5. Strong v. Sunray DX Oil CompanyCourt of Appeals of Texas · 1969

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