Houston & T. C. R. R. Co. v. Shirley
Texas Supreme Court
Appeal from McLeHan. Tried below before the Hon. 0. 0. Alexander. On the 19th day of July, A. D. 1869, the Waco Tap Eailroad Company, afterwards called the Waco & Northwestern Eailroad Company, entered into a written contract with the appellee, Thomas M. Shirley, whereby Shirley undertook to construct the railway for the company from Bremond to Waco. It was to be completed in two years.
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Appeal from McLeHan. Tried below before the Hon. 0. 0. Alexander. On the 19th day of July, A. D. 1869, the Waco Tap Eailroad Company, afterwards called the Waco & Northwestern Eailroad Company, entered into a written contract with the appellee, Thomas M. Shirley, whereby Shirley undertook to construct the railway for the company from Bremond to Waco. It was to be completed in two years. About April 1, 1870, the railroad company notified Shirley that he would no longer be recognized as contractor on the road. On the 16th day of July, A. D. 1870, Shirley filed his suit against the Waco Tap…
1Opinion
ON MOTION FOR REHEARING.
Gould, Associate Justice.
In disposing of the motion for rehearing, it is proposed to do little more than to state our conclusions, on what we regard as the material points or questions raised in its support. The want of time forbids an attempt to discuss all of the legal positions assumed by counsel for appellee, each in elaborate briefs and printed arguments, characterized by great zeal, industry and ability.
The point is made that those sections of the statute referred to in the opinion as authorizing a railroad company to mortgage its franchise, were repealed by the…
2Cases cited4 opinions
- Scogin v. PerryTexas Supreme Court · 1869
- Witherspoon v. Texas Pacific RailroadTexas Supreme Court · 1877
- Good v. ShermanTexas Supreme Court · 1873
- Tyler Tap Railroad v. J. Driscol & Co.Texas Supreme Court · 1879