Miller v. Sullivan
Court of Appeals of Texas
There was a former appeal in this case, the opinion of the Court of Civil Appeals thereon being found in Sullivan v. Miller, 24 S. W. Rep., 819. Certified questions on this appeal, as to the construction of the power of attorney, were answered by the Supreme Court. Sullivan v. Miller, 86 Texas, 677. The judgment was then reversed.
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There was a former appeal in this case, the opinion of the Court of Civil Appeals thereon being found in Sullivan v. Miller, 24 S. W. Rep., 819. Certified questions on this appeal, as to the construction of the power of attorney, were answered by the Supreme Court. Sullivan v. Miller, 86 Texas, 677. The judgment was then reversed. Upon the rendition of the first opinion upon this appeal, and pending the motion of appellees for a rehearing and their offer to remit and to dismiss the case as to Mrs. Cross, the question as to the power of the court to then permit such dismissal was certified to…
1Opinion of the Court
COLLARD, Associate Justice.
This is an action by the appellees against appellants for $20,004.09 balance due on a contract alleged to have been made by W. A. H. Miller for himself and as attorney in fact for his codefendants, by which they agreed to pay appellees for grading a certain part of a railroad, the Llano extension of the San Antonio & Aransas Pass Railway, from Fredericksburg to Sandies, a distance of about 30 miles. The petition also claims that defendants in the contract agreed to pay plaintiffs for the clearing and grubbing necessary to complete the road-bed. The suit is brought…
2Cases cited8 opinions
- McAlpin v. CassidyTexas Supreme Court · 1856
- Frost v. Erath Cattle Co.Texas Supreme Court · 1891
- Houston & T. C. R. R. Co. v. McKinneyTexas Supreme Court · 1881
- Orr v. O'BrienTexas Supreme Court · 1881
- Skaggs v. Murchison & ColemanTexas Supreme Court · 1885
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3Cited by9 opinions
- Bailey v. MullensCourt of Appeals of Texas · 1958
- Dixie Motor Coach Corporation v. ShiversCourt of Appeals of Texas · 1939
- Lumpkin v. WilliamsCourt of Appeals of Texas · 1909
- Powell v. DyerCourt of Appeals of Texas · 1921
- Mueller v. GolloberCourt of Appeals of Texas · 1923
4 more not listed; retrieve them via the Exa API.