Childress Oil Co. v. Wood
Texas Supreme Court
Question certified from the Court of Civil Appeals for the Second District, in an appeal from Wichita County. Wood sued the Childress Oil Co. in Justice Court and recovered judgment there and also in the County Court on appeal taken by defendant. The latter appealed to the Court of Civil Appeals, by whom the judgment was reversed and plaintiff’s suit dismissed.
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Question certified from the Court of Civil Appeals for the Second District, in an appeal from Wichita County. Wood sued the Childress Oil Co. in Justice Court and recovered judgment there and also in the County Court on appeal taken by defendant. The latter appealed to the Court of Civil Appeals, by whom the judgment was reversed and plaintiff’s suit dismissed. Pending a motion for rehearing, the question of the correctness of their decision was certified by them to the Supreme Court.
1Opinion of the CourtChief Justice Phillips
The suit was one by O. E. Wood, against the Childress Oil Company in the Justice Court to recover on a claim of $178.50 for labor performed for the defendant and an additional statutory attorney’s fee of $20, and to foreclose a laborer’s lien upon machinery, tools and material belonging to the defendant. The value of the property upon which foreclosure of the lien was sought was not alleged by the plaintiff, but the defendant pleaded that its value exceeded $200 and that therefore the Justice Court was without jurisdiction. The plaintiff prevailed in the Justice Court, and on the defendant’s…
2Cases cited7 opinions
- Cotulla v. Thomas Goggan & Bros.Texas Supreme Court · 1890
- Texas & New Orleans Ry. Co. v. RuckerCourt of Appeals of Texas · 1905
- Lawson v. LynchCourt of Appeals of Texas · 1895
- Texas & New Orleans Railroad v. RuckerTexas Supreme Court · 1905
- Dazey v. J.H.W. and PenningtonCourt of Appeals of Texas · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Williams v. GivinsCourt of Appeals of Texas · 1928
- Leonard v. BurtonCourt of Appeals of Texas · 1928
- McKee v. Le ForsCourt of Appeals of Texas · 1923
- Southwestern Drug Corp. v. WebsterCourt of Appeals of Texas · 1951
- Standard Inv. Co. v. DowdyCourt of Appeals of Texas · 1938
19 more not listed; retrieve them via the Exa API.