Smithey v. Shambaugh

Mr. Presiding Judge HARVEY

delivered the opinion of the Commission of Appeals, Section A.

The defendant in error, Scott Shambaugh, brought this suit against the plaintiffs in error, W. W. Smithey and wife, Frances M. Smithey, and C. W. Hurley. As against Smithey and wife, a recovery on a paving certificate is sought, with foreclosure of the assessment lien on a city lot. Hurley is alleged to hold a subordinate lien on the lot. The case was tried before the court without a jury, resulting in a judgment in favor of all the defendants. Shambaugh appealed, and the Court of Civil Appeals reversed…