Carwile v. Childress
Court of Appeals of Texas
Appeal from District Court, Kaufman County; J. R. Bond, Judge. Suit by B. M. Childress against W. L. Car-wile and others. Judgment for plaintiff canceling certificates against property for city improvements, and in favor of defendant City of Terrell as against the prayer of the defendants W. L. Carwile and .the Trinity Portland Cement Company, and the defendants Carwile and the Cement Company appeal.
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Appeal from District Court, Kaufman County; J. R. Bond, Judge. Suit by B. M. Childress against W. L. Car-wile and others. Judgment for plaintiff canceling certificates against property for city improvements, and in favor of defendant City of Terrell as against the prayer of the defendants W. L. Carwile and .the Trinity Portland Cement Company, and the defendants Carwile and the Cement Company appeal. By article 28, § 2, of the charter granted to it by the act of the Legislature approved March 20, 1911 (Special Laws, pp. 508 to 569), the city of Terrell was authorized to pave its streets,…
1Opinion of the CourtWidlson, C. J.
(after stating the facts as above). It is conceded that, because appellee did not have notice of nor an opportunity to be heard in the proceedings resulting in the assessment against him covered by the certificate issued September 17, 1915, he was not bound by same. Therefore if the judgment in his favor is erroneous, as claimed by appellants, it must be because appellee Chil-dress was bound by the proceedings resulting in the reassessment covered by the certificate issued November 26, 1917.
Whether he was bound by those proceedings depended (1) on whether the statute (to wit, chapter 11 of…
2Cases cited5 opinions
- Wolf v. BrassTexas Supreme Court · 1888
- Werner v. City of GalvestonTexas Supreme Court · 1888
- Wallis v. WilliamsCourt of Appeals of Texas · 1908
- Riley v. Town of TrentonCourt of Appeals of Texas · 1916
- Gallahar v. WhitleyCourt of Appeals of Texas · 1916
3Cited by4 opinions
- Keller v. Western Paving Co.Court of Appeals of Texas · 1920
- Frankenstein v. Rushmore GowdyCourt of Appeals of Texas · 1919
- Childress v. CarwileTexas Commission of Appeals · 1921
- City Gas Co. v. City of Coral Gables, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1963