Barnes v. White
Texas Supreme Court
Error from Busk. Tried below before the Hon. A. J. Booty. Suit by plaintiff to subject a house and lots named in the petition to the payment for material sold to defendant in error to he used in the construction of the house, and which were so used. The lots were hare of any improvements. The defendant and his family were boarding out, and the material was so furnished after the commencement of the improvements, and before the defendant occupied the house as his home.
Read the full summary
Error from Busk. Tried below before the Hon. A. J. Booty. Suit by plaintiff to subject a house and lots named in the petition to the payment for material sold to defendant in error to he used in the construction of the house, and which were so used. The lots were hare of any improvements. The defendant and his family were boarding out, and the material was so furnished after the commencement of the improvements, and before the defendant occupied the house as his home. Other facts appear in the opinion.
1Opinion of the Court
Bonner, Associate Justice.
This suit was instituted in *630the district court of Rusk county, to recover an open account for $118.09 for certain sash, doors and other materials furnished by plaintiff Barnes to defendant White, on December 28, 1877, to aid in the construction of. a dwelling house; and also to enforce the lien for the materials furnished.
On January 28, 1878, Barnes, to fix and secure this lien, caused a sworn bill of particulars, with description of the property, to be filed in the office of the clerk of the county court of Rusk county, and a copy to be served on White.
Among other…
2Cases cited1 opinion
- Franklin v. CoffeeTexas Supreme Court · 1857
3Cited by36 opinions
- Archibald v. JacobsTexas Supreme Court · 1887
- Gardner v. DouglassTexas Supreme Court · 1885
- Drucker v. RosensteinSupreme Court of Florida · 1882
- Swope v. StantzenbergerTexas Supreme Court · 1883
- Pierce v. LangstonCourt of Appeals of Texas · 1917
31 more not listed; retrieve them via the Exa API.