Legal Opinion

City of Sherman v. Langham

Texas Supreme Court

Decided November 22, 1897No. 522PublishedCited by 16 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County. Plaintiffs, heirs of R. Langham, deceased, sued the city of Sherman to revive a judgment recovered by him against the city and to compel a levy of taxes to pay the same, and obtained the judgment and writ of mandamus sought. The city of Sherman appealed, and on affirmance by the Court of Civil Appeals obtained writ of error.

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Error to the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County. Plaintiffs, heirs of R. Langham, deceased, sued the city of Sherman to revive a judgment recovered by him against the city and to compel a levy of taxes to pay the same, and obtained the judgment and writ of mandamus sought. The city of Sherman appealed, and on affirmance by the Court of Civil Appeals obtained writ of error. The judgment having been affirmed in accordance with the opinion first rendered, plaintiff in error moved for and obtained a rehearing, calling attention to the provisions of the…

1Opinion of the Court

DENMAN, Associate Justice.

Langham et al., being the owners of a judgment for $1164 rendered against city of Sherman in the District Court of Grayson County on the 29th day of March, 1889, in an action to recover damages for an injury inflicted in 1888, instituted this proceeding September 6, 1894, to revive said judgment and seeking an order of court compelling the city to pay same, "and if necessary to levy a special tax in an amount sufficient to pay said judgment, interest, and costs, and apply the proceeds of such levy to the payment of said judgment,” and for general relief. From the…

2Cases cited3 opinions

  1. Barber v. City of East DallasTexas Supreme Court · 1892
  2. Tucker v. City of RaleighSupreme Court of North Carolina · 1876
  3. Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1882

3Cited by16 opinions

  1. Callahan v. GilesTexas Supreme Court · 1941
  2. Martin v. SheppardTexas Supreme Court · 1947
  3. City of Amarillo v. W. L. Slayton Co.Court of Appeals of Texas · 1919
  4. City of San Antonio v. RoutledgeCourt of Appeals of Texas · 1907
  5. Hunt Production Co. v. BurrageCourt of Appeals of Texas · 1937

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