Legal Opinion · Dissent

Hicks v. Faust

Texas Supreme Court

Decided May 16, 1919No. Motion No. 4496, Application No. 10675PublishedCited by 5 opinions

Motion for rehearing on an application for writ of error. Faust and another brought this suit against Brown for price of lumber furnished him to erect a building on the property involved; and joined as defendants Hicks and others, trustees of church property on which it was sought to establish a lien under the statute for such debt. On trial judgment was for the debt claimed, but the lien was denied.

Read the full summary

Motion for rehearing on an application for writ of error. Faust and another brought this suit against Brown for price of lumber furnished him to erect a building on the property involved; and joined as defendants Hicks and others, trustees of church property on which it was sought to establish a lien under the statute for such debt. On trial judgment was for the debt claimed, but the lien was denied. Plaintiffs appealed and the Court of Civil Appeals rendered judgment both for the debt and foreclosure of the lien (Spencer & Co. v. Brown, 198 S. W., 1198). Hicks and others, the trustees of the…

1DissentJustice Hawkins

Out of five hundred and sixty-one cases in which, during our present term, this court has disposed of applications for the writ of error, this case is one of the five in which I have felt duty bound to dissent from the action of this court upon such application, two of the five being cases in which I thought the writ ought to have been refused on the merits, instead of the petitions for that writ being dismissed, as they were, for want of jurisdiction in this court.

The judgment of the Court of Civil Appeals for the Eighth Supreme Judicial District (198 S. W., 1179), foreclosing the asserted…

2Cases cited51 opinions

  1. Parks v. WestTexas Supreme Court · 1908
  2. Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
  3. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  4. Thomas Lonergan v. San Antonio Trust Co.Texas Supreme Court · 1907
  5. Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804

46 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Dallas Morning News v. Fifth Court of AppealsTexas Supreme Court · 1992
  2. Bledsoe v. ColbertCourt of Appeals of Texas · 1938
  3. Hoffman v. Continental Supply Co.Court of Appeals of Texas · 1938
  4. Dallas Morning News v. Fifth Court of AppealsTexas Supreme Court · 1992
  5. Hoffman v. Continental Supply Co.Court of Appeals of Texas · 1938

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API