Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 71
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1884.] A. & N. W. R'r Co. v. DANIELS. 71
Opinion of the court.
Sandford & Son filed general demurrer and general denial.
Defendant Anderson made default.
The case was tried before the court without a jury and resulted
in a judgment in favor of plaintiff against Anderson for $2,202.27,
with a foreclosure of the statutory lien against the Austin & Northwestern
Railroad Company, with order of sale of its railroad, equipment,
etc., to the extent of $2,167.78; also, judgment in favor of
Sandford & Son against plaintiff for costs.
The railway company alone appealed.
Robertson & Williams, for appellant.
No briefs on file for appellee.
WALKER, P. J. COr. APP.--The first and second assignments of
error are to the effect that the court erred in overruling the general
demurrer and special exceptions of the defendant to the plaintiff's
Plaintiff alleged that on October 1, 1881, appellant was constructing
and operating its railroad through Williamson, Burnet and
Travis counties; that the defendants Sandford & Son were the
original contractors with said company in constructing, building,
furnishing cross-ties, wood and other material in constructing the
said road through said counties; that the defendant G. G. Anderson '
was a subcontractor under said Sandford & Son; that during the
months of October, November and December, 1881, and January
and February, 1882, plaintiff, at the request of said Anderson, subcontractor,
"performed certain labor in the construction of the
Austin & Northwestern Railroad, to wit, in cutting and manufacturing
twenty-one thousand nine hundred and nine cross-ties, which said
labor was reasonably worth twelve and one-half (12 1-2) cents each
cross-tie, amounting to the aggregate sum of $2,738.62 1-2; that
he has been paid $1,202.93 on said amount, leaving a balance of
$1,535.69." Plaintiff then alleges that said Smith & Lux and said
W. Y. Carter, during the same months, at the request of said Anderson,
subcontractor, also performed certain labor in the construction
and operation of said railroad, to wit, in manufacturing and hauling
cross-ties, chopping and piling wood, piling cross-ties, etc., the
balance claimed to be due Smith & Lux being $284.60, and to W.
Y. Carter $212.
The plaintiff alleged that Smith & Lux and W. Y. Carter transferred
to him for a valuable consideration their said claims, of which
he is the legal holder and owner.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/93/: accessed May 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .