Legal Opinion

D. Sullivan & Co. v. Texas Briquette & Coal Co.

Texas Supreme Court

Decided June 6, 1901No. 1001PublishedCited by 42 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. In a receivership over the Texas Briquette and Coal Company, D. Sullivan & Co., and others, holders of bonds secured by mortgage, prosecuted writ of error from a judgment of the District Court giving preference to the liens of the Watt 'Mining Car Wheel Company and others, interveners asserting materialmen’s liens.

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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. In a receivership over the Texas Briquette and Coal Company, D. Sullivan & Co., and others, holders of bonds secured by mortgage, prosecuted writ of error from a judgment of the District Court giving preference to the liens of the Watt 'Mining Car Wheel Company and others, interveners asserting materialmen’s liens. The judgment being affirmed, they then obtained writ of error from the Supreme Court.

1Opinion of the Court

BROWH, Associate Justice.

M. Halff & Brother filed suit in the District Court of the Forty-fifth Judicial District in Bexar County against the Texas Briquette and Coal Company, a private corporation, alleging that it was indebted to the plaintiff, that the corporation was insolvent, and praying for the appointment of a receiver, which prayer was granted and the receiver appointed. This writ of error involves no issue between the original parties to this suit nor between either of the parties and the interveners who are hereinafter named. The following brief history and statement of the facts…

2Cases cited3 opinions

  1. Oriental Hotel Company v. GriffithsTexas Supreme Court · 1895
  2. Thomas Trammell & Co. v. MountTexas Supreme Court · 1887
  3. McIlhenny, Admr., and U. T. Co. v. BinzTexas Supreme Court · 1890

3Cited by42 opinions

  1. First National Bank in Dallas v. Whirlpool Corp.Texas Supreme Court · 1974
  2. Fed. Sec. L. Rep. P 97,639 Cal Swenson and Carolyn Swenson v. Richard and Ralph EngelstadCourt of Appeals for the Fifth Circuit · 1980
  3. University Savings & Loan Ass'n v. Security Lumber Co.Texas Supreme Court · 1967
  4. McConnell v. Mortgage Investment Co. of El PasoTexas Supreme Court · 1957
  5. Houston Ice & Brewing Co. v. ClintCourt of Appeals of Texas · 1913

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