Legal Opinion

Day v. Mercer

Court of Appeals of Texas

Decided March 13, 1915No. 8124PublishedCited by 6 opinions

Appeal from District Court, Tarrant County ; Marvin PI. Brown, Judge. Action by John F. Day against L. D. Mercer. From a judgment of dismissal, plaintiff appeals.

1Opinion of the Court

Appellant, who was the plaintiff below, thus states the nature of his case:

"This suit was brought on the 21st day of June, 1910 alleging: That plaintiff was the owner of the northwest quarter of the A. N. Curry 160-acre survey in Tarrant county, Tex., upon which he resided, and which he cultivated. That appellee owned land lying west of the appellant's, and by constructing a ditch thereon caused an increased amount of water to flow over plaintiff's land, and judgment was sought for the sum of $450 damage to said land, and $50 for crops alleged to have been washed up and overflowed. Injunction…

2Cases cited9 opinions

  1. Cole v. State Ex Rel. CoboliniTexas Supreme Court · 1914
  2. Johnson v. HanscomTexas Supreme Court · 1897
  3. Dulaney v. WalshTexas Supreme Court · 1897
  4. Lazarus v. SwaffordCourt of Appeals of Texas · 1897
  5. Texas & Pacific Railway Co. v. HemphillCourt of Appeals of Texas · 1909

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State Mortgage Corp. v. GroosCourt of Appeals of Texas · 1928
  2. Bruce v. City of GainesvilleCourt of Appeals of Texas · 1916
  3. Smith v. KiddCourt of Appeals of Texas · 1921
  4. Ramsel v. MillerCourt of Appeals of Texas · 1918
  5. Bruce v. City of GainesvilleCourt of Appeals of Texas · 1916

1 more not listed; retrieve them via the Exa API.

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