Legal Opinion

Burns v. McDaniel

Court of Appeals of Texas

Decided January 23, 1942No. 2229PublishedCited by 14 opinions

1Opinion of the Court

GRISSOM, Justice.

This is a suit by John L. Burns against C. H. McDaniel, Jr., instituted for the purpose of compelling McDaniel to remove the gates and locks by which a roadway was obstructed. The judgment of the trial court required McDaniel to remove the locks, but permitted the roadway to be obstructed by unlocked gates. From this judgment Burns has appealed.

The sole question presented is whether the judgment should have required that the gates be also removed.

■ In 1916, C. L. Alderman owned Sections 12 and 13 in Block 33, Township 1 South, T. & P. Ry. Co. Survey in Howard County. On…

2Cases cited11 opinions

  1. Colbert v. Dallas Joint Stock Land BankTexas Supreme Court · 1937
  2. Williams v. Safety Casualty Co.Texas Supreme Court · 1937
  3. Ladies' Benev. Soc. of Beaumont v. Magnolia Cemetery Co.Texas Commission of Appeals · 1926
  4. Board of Revenue of Jefferson Co. v. State ex rel. City of BirminghamSupreme Court of Alabama · 1910
  5. Arden v. BooneTexas Commission of Appeals · 1920

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

3Cited by14 opinions

  1. Gerstner v. WilhelmCourt of Appeals of Texas · 1979
  2. Ferrara v. Moore, Texas Court of Appeals, 6th District (Texarkana)2010
  3. Reaves v. Lindsay, Texas Court of Appeals, 1st District (Houston)2010
  4. McIntosh v. PrinceMunicipal Court of The Virgin Islands · 1971
  5. Tom and Marie McKenna v. J. Daniel Caldwell, Texas Court of Appeals, 11th District (Eastland)2012

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

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