Leona I., M. & C. Co. v. Roberts
Texas Supreme Court
Appeal from Frio. Tried below before the Hon. D. P. Harr This suit was brought by appellee, as governor of Texas, to recover a penalty of $9,000, on the following instrument: “The State of Texas, “ County of Bexar, “Know all men by these presents, that the Leona Irrigation, Manufacturing and Canal Company, as principal, and H. F. & W. H. Young, Hugo & Schmeltzer and Wm.
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Appeal from Frio. Tried below before the Hon. D. P. Harr This suit was brought by appellee, as governor of Texas, to recover a penalty of $9,000, on the following instrument: “The State of Texas, “ County of Bexar, “Know all men by these presents, that the Leona Irrigation, Manufacturing and Canal Company, as principal, and H. F. & W. H. Young, Hugo & Schmeltzer and Wm. H. Young, as sureties, aro held and firmly bound unto E. B. Hubbard, governor of the state of Texas, and his successors in office, in the sum of nine thousand dollors, good and lawful money of the United States, for the…
1Opinion of the Court
Willie, Chief Justice.
The important question in this case arises upon the action of the court below overruling the demurrer to appellee’s petition.
*619Whether this ruling was correct or not depends upon whether the bond, which was the foundation of this suit, was a void or a valid instrument.
It was alleged to have been taken under an act of the legislature approved March 10, 1875, entitled “An act to encourage the construction of canals and ditches for navigation and irrigation.”
The third section of that act provides substantially as follows: That whenever any corporation or company shall have…
2Cases cited6 opinions
- United States v. TingeySupreme Court of the United States · 1831
- Churchill v. PerkinsMassachusetts Supreme Judicial Court · 1809
- Dignan v. ShieldsTexas Supreme Court · 1879
- Eichoff v. TidballTexas Supreme Court · 1884
- Aucoin v. GuillotSupreme Court of Louisiana · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- Johnson v. DarrTexas Supreme Court · 1925
- Shaughnessy v. American Surety Co.California Supreme Court · 1903
- Watkins v. MinterTexas Supreme Court · 1915
- Colorado City National Bank v. Lester & HazzardTexas Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.