Swope v. Stantzenberger
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. October 28,1878, appellee sued for §280.50, and to foreclose a mechanic’s lien upon fifty acres of land, claiming that he had built a house upon it for appellant, under a verbal agreement, and for which appellant had promised to pay him the amount sued for; that he had fixed and secured his lien under the statute, and praying for judgment and foreclosure of the lien.
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Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. October 28,1878, appellee sued for §280.50, and to foreclose a mechanic’s lien upon fifty acres of land, claiming that he had built a house upon it for appellant, under a verbal agreement, and for which appellant had promised to pay him the amount sued for; that he had fixed and secured his lien under the statute, and praying for judgment and foreclosure of the lien. Answer by general and special exceptions, general denial, payment, and that the land was the separate property of his wife, who was neither a party to the contract…
1Opinion of the Court
Watts, J. Com. App.—
As the application for a continuance was not in compliance with the statute, it was addressed to the discretion of the court below. The record does not disclose any abuse of that discretion by the court in refusing that application.
The contract was made and the work and labor performed while the mechanic’s lien law of 1876 was in force. That act provided that “ both the contracts and accounts, when filed and recorded as above provided, shall be accompanied by a description of lands, lots, houses, and improvements made, against which the lien is claimed.” And again, “ The…
2Cases cited2 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Barnes v. WhiteTexas Supreme Court · 1880
3Cited by29 opinions
- Archibald v. JacobsTexas Supreme Court · 1887
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Gardner v. DouglassTexas Supreme Court · 1885
- West End Town Co. v. GriggTexas Supreme Court · 1900
- Clem Lumber Co. v. Elliott Lumber Co.Texas Commission of Appeals · 1923
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