Read v. Gillespie
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Suit against the purchaser of premises by appellee to enforce his lien against the property fpr materials furnished the vendor. The vendor was made a party defendant, and cited by publication. The facts connected with the lien are apparent from the opinion.
1Opinion of the Court
Willie, Chief Justice.
This court has held that the lien given by statute to persons furnishing materials for building is not lost by a failure to serve a bill of particulars upon the party owing the debt, when such service is impracticable. Warren v. Smith, 44 Tex., 245.
The appellee was therefore excusable for not serving Mauldin with a copy of the bill of particulars upon which he based his lien, it having been alleged that Mauldin left the state before the note set forth in the petition fell due, and long before the time within which the appellee was required to file his bill of particulars…
2Cases cited1 opinion
- Warren v. SmithTexas Supreme Court · 1875
3Cited by2 opinions
- Warner Elevator Manufacturing Co. v. MaverickTexas Supreme Court · 1895
- Reitz v. MitchellCourt of Appeals of Texas · 1923