Burnett v. Harrington
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Injunction suit by E. H. Harrington and Mary Harrington, his wife, against William Burnett and Ben McCarthy, by which they sought to enjoin them from constructing a building or any improvements on a piece of ground adjoining the western boundary line of E. H. Harrington and wife’s homestead tract, to a distance of eighty feet therefrom, alleging: 1st. That the same was a street, and was originally dedicated as…
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Appeal from Harris. Tried below before the Hon. James Masterson. Injunction suit by E. H. Harrington and Mary Harrington, his wife, against William Burnett and Ben McCarthy, by which they sought to enjoin them from constructing a building or any improvements on a piece of ground adjoining the western boundary line of E. H. Harrington and wife’s homestead tract, to a distance of eighty feet therefrom, alleging: 1st. That the same was a street, and was originally dedicated as such by William Burnett, who was the vendor of the land to I. C. Lord, from whom E. H. Harrington and wife purchased the…
1Opinion of the Court
Walker, P. J. Com. App.
The ninth assignment of errors is as follows: “The court erred in entering a judgment which is not in accordance with the verdict of the jury.”. This ground is well taken and requires a reversal of the judgment. The plaintiffs relied on alternative prayers for relief upon the facts stated in their amended petition, as follows: “ that the injunction may be perpetuated, and the said piece of land which said defendants are attempting to occupy, to wit, all the land between the westwardly fence of petitioner and the line of B. A. Shepard’s land, and running back as far as…
2Cases cited8 opinions
- Hall v. JacksonTexas Supreme Court · 1848
- Mims v. MitchellTexas Supreme Court · 1846
- Denison v. LeagueTexas Supreme Court · 1856
- Mitchell v. ZimmermanTexas Supreme Court · 1849
- McKey v. WelchTexas Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southern Pine Lumber Co. v. WhitemanCourt of Appeals of Texas · 1937
- Houston Packing Co. v. GriffithCourt of Appeals of Texas · 1914
- Whitmore v. McNallyCourt of Appeals of Texas · 1931
- Brient v. BruceCourt of Appeals of Texas · 1893
- Carter v. WebbCourt of Appeals of Texas · 1922
4 more not listed; retrieve them via the Exa API.