Legal Opinion

Roberts Telephone & Electric Co. v. Farmers' & Merchants' Nat. Bank of Abilene

Court of Appeals of Texas

Decided March 6, 1913PublishedCited by 1 opinion

Appeal from District Court, Taylor County; T. L. Blanton, Judge. Action by the Farmers’ & Merchants’ Nar tional Bank of Abilene and others .against the Roberts Telephone & Electric Company and others. From a decree directing distribution of the assets of defendant telephone company in the hands of receivers, the corporation and others appeal. The Roberts Telephone & Electric Company, a corporation under the laws of Texas, owned and operated a telephone exchange in Abilene.

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Appeal from District Court, Taylor County; T. L. Blanton, Judge. Action by the Farmers’ & Merchants’ Nar tional Bank of Abilene and others .against the Roberts Telephone & Electric Company and others. From a decree directing distribution of the assets of defendant telephone company in the hands of receivers, the corporation and others appeal. The Roberts Telephone & Electric Company, a corporation under the laws of Texas, owned and operated a telephone exchange in Abilene. It was indebted to the Stromberg-Carlson Telephone Manufacturing Company, a corporation under the laws of New York, in…

1Opinion of the Court

WILLSON, a J.

(after stating the facts as above). [1] It conclusively appeared that the services performed by Speed and the expense incurred by him were performed and incurred by him while acting as receiver, and not while acting as an employs of James as receiver. Having found, correctly, we think, that the appointment of Speed was void, because he was not at the time a citizen of this state (article 2130, R. S. 1911), and therefore that he was not entitled to compensation for services rendered and expense incurred as receiver, we think the court should not have undertaken indirectly to do…

2Cases cited3 opinions

  1. Sullivan v. GageCalifornia Supreme Court · 1905
  2. Adams v. MinorCalifornia Supreme Court · 1898
  3. San Antonio & Aransas Pass Ry. Co. v. AdamsCourt of Appeals of Texas · 1895

3Cited by1 opinion

  1. James v. Roberts Telephone & Electric Co.Texas Commission of Appeals · 1918

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