H. & T. C. R'y Co. v. Travis County
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker. The lengthy statement of the pleadings made for the inspection of the supreme court by the commission of appeals is omitted here. The suit was for damages caused by the manner in which the appellant constructed its railway crossing over a public highway.
Read the full summary
Appeal from Travis. Tried below before the Hon. A. S. Walker. The lengthy statement of the pleadings made for the inspection of the supreme court by the commission of appeals is omitted here. The suit was for damages caused by the manner in which the appellant constructed its railway crossing over a public highway. The statute of limitations was pleaded against the county, which, on demurrer, was stricken out; to which ruling exception was taken,. and the action of the court in this respect was the only error assigned.
1Opinion of the Court
Walker, P. J. Com. App.
This suit was filed on the 11th day of July, 1882, and the work and labor was performed, and the indebtedness accrued, the 17th day of February, 1879, more than two years, therefore, having intervened before the suit was instituted. The only question presented on this appeal is whether in a personal action, such as this is, the statute of limitations runs against a county.
The statute of limitations does not, in terms, exempt counties or other municipal subdivisions of the sovereign authority from its operation. It is contended, however, that the statute of limitations *17is…
2Cases cited11 opinions
- Mayor of Galveston v. MenardTexas Supreme Court · 1859
- City of Alton v. Illinois Transportation Co.Illinois Supreme Court · 1850
- City of Cincinnati v. EvansOhio Supreme Court · 1855
- Baker v. Johnson CountySupreme Court of Iowa · 1871
- County of St. Charles v. PowellSupreme Court of Missouri · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Delta County v. BlackburnTexas Supreme Court · 1906
- Hatcher v. State of TexasTexas Supreme Court · 1935
- Bitter v. County.Texas Commission of Appeals · 1928
- Linz v. Eastland CountyTexas Commission of Appeals · 1931
- Johnson v. Llano CountyCourt of Appeals of Texas · 1897
13 more not listed; retrieve them via the Exa API.