Southern Surety Co. v. Nalle & Co.
Court of Appeals of Texas
Brady, J., dissenting. Appeal from District Court, Travis County; Geo. Callioun, Judge. Action by Nalle & Co. and others against the Southern Surety Company. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
On Motion for Rehearing.
As the Supreme Court, since our original opinion herein was written, has held that Rev.St. art. 5623a, as added by Laws 1915, c. 143, § 2 (Vernon's Ann.Civ.St.Supp. 1918, art. 5623a), is unconstitutional, we withdraw that opinion, and substitute the opinion herein for same, and also for our opinion on rehearing, which will be incorporated herein.
Findings of Fact.
On March 23, 1917, Howard Bland, T. W. Marse, and A. J. Zilker, hereinafter called the "owners," entered into a contract with John W. Hood, John W. Hood, Jr., F. J. Strassel, and F. Greenwell, composing the…
2Cases cited16 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
- Riehl v. Evansville Foundry Ass'nIndiana Supreme Court · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- Johnson v. GattegnoCourt of Appeals of Texas · 1924
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923