Breath v. City of Galveston
Texas Supreme Court
Error to the Court of Civil Appeals for the Eirst District, in an appeal from Galveston County. Breath and others obtained a writ of error from the Supreme Court upon the affirmance by the Court of Civil Appeals of a judgment of the District Court holding them liable for and foreclosing a lien for cost of street improvements, from which they had appealed.
1Opinion of the Court
DENMAN, Associate Justice.
The city of Galveston brought this suit against Breath and others to recover two assessments for the filling and paving of streets on which a lot owned by defendants fronted, and to foreclose a lien therefor upon same. The petition shows that the work was done by contract, but does not allege that an advertisement for bids for the doing of the work was ever made or published by the board of public works. Defendants excepted to the petition for want of such allegation, which exception was overruled by the trial court, and upon hearing judgment was rendered for the…
2Cases cited5 opinions
- Flewellin v. ProetzelTexas Supreme Court · 1891
- Worthington v. City of CovingtonCourt of Appeals of Kentucky · 1884
- In the Matter of the Petition of RobbinsNew York Court of Appeals · 1880
- In the Matter of the Application of LangeNew York Court of Appeals · 1881
- Wilkins v. City of DetroitMichigan Supreme Court · 1881
3Cited by12 opinions
- Watson v. City of SalemOregon Supreme Court · 1917
- Tonroy v. City of LubbockCourt of Appeals of Texas · 1951
- Vilbig Bros. v. City of DallasTexas Supreme Court · 1936
- City of Lubbock v. Geo. L. Simpson & Co.Court of Appeals of Texas · 1930
- Douglass v. MyrickCourt of Appeals of Texas · 1913
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