Ferguson v. Ashbell & Simpson
Texas Supreme Court
Appeal from. Wise. Tried below before the Hon. J. M. Lindsey. Suit brought in the district court of Wise county, November 11, 1874, by appellees, Ashbell & Simpson, against the appellant, H. C. Ferguson, to recover a balance of $171.40, alleged to be due on an open account for work done and materials furnished by appellees as mechanics, in the erection of a dwelling house for appellant, upon twenty acres of land, and to foreclose their mechanic’s lien on the house and land.
Read the full summary
Appeal from. Wise. Tried below before the Hon. J. M. Lindsey. Suit brought in the district court of Wise county, November 11, 1874, by appellees, Ashbell & Simpson, against the appellant, H. C. Ferguson, to recover a balance of $171.40, alleged to be due on an open account for work done and materials furnished by appellees as mechanics, in the erection of a dwelling house for appellant, upon twenty acres of land, and to foreclose their mechanic’s lien on the house and land. On the 14th of December, 1875, the cause was tried and resulted in a verdict and judgment in favor of appellees, against…
1Opinion of the Court
Bonner, Associate Justice.
Judgment below was rendered in favor of appellees, Ashbell & Simpson, against appellant, Ferguson, for the sum of $184.53, and enforcing the mechanic’s lien.
In the view we take of the case, it does not become material to determine any other question than this, the ruling upon which presents a fundamental error apparent of record, viz.: Was the bill of particulars, by the filing and notice of which the mechanic’s lien was attempted to be fixed and secured *249under the act of November 17, 1871 (Pasch. Dig., art. 7112), sufficiently certain and specific for this purpose?
The…
2Cases cited4 opinions
- Tinsley v. BoykinTexas Supreme Court · 1877
- Rehrer v. ZeiglerSupreme Court of Pennsylvania · 1842
- Witman v. WalkerSupreme Court of Pennsylvania · 1844
- Thomas v. JamesSupreme Court of Pennsylvania · 1844
3Cited by12 opinions
- Ball v. DavisTexas Supreme Court · 1929
- Union Indemnity Co. v. RockwellTexas Commission of Appeals · 1933
- Hardin v. McCarthyCourt of Appeals of Texas · 1932
- Hemphill v. GleasonCourt of Appeals of Texas · 1925
- Cavazos v. MunozDistrict Court, S.D. Texas · 2004
7 more not listed; retrieve them via the Exa API.