Legal Opinion · Dissent

Harry Newton, Inc. v. Broaddus

Court of Appeals of Texas

Decided November 13, 1963No. 11123Published

1DissentHughes, Justice

The only authority cited to sustain the majority opinion is General Casualty Co. of America v. United States, 205 F.2d 753, Circuit Court of Appeals, 5th Circuit (1953). This case is not a venue case, hence its details need not be stated. The Court held that the claim of the United States was for taxes and not “wages” for which reason Art. 5160 V.A.C.S. had no application. The Court, however, made this further statement:

“Further, the appellee did not comply with the provision of Article 5160 of the Civil Statutes of Texas (Footnote 1, supra) with reference to the filing of an itemized sworn…

2Cases cited7 opinions

  1. Hay v. City of BarabooWisconsin Supreme Court · 1906
  2. Employers' Liability Assur. Corp. v. Young County Lumber Co.Texas Commission of Appeals · 1933
  3. Employers Liability Assurance Corp. v. Young County Lumber Co.Texas Supreme Court · 1933
  4. General Casualty Co. Of America v. United StatesCourt of Appeals for the Fifth Circuit · 1953
  5. Fidelity & Deposit Co. of Maryland v. Big Three Welding Equipment Co.Texas Supreme Court · 1952

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