Gibson v. Mullican
Citations
- 58 Tex. 430
- 1883 Tex. LEXIS 42
Syllabus
<p>1. Landlord and tenant.— There was no such privity between a landlord and the sub-tenant, arising merely from that relation, as would subject the sub-tenant to liability for the debt of the tenant from whom he has leased, to the landlord, there being neither privity of contract or of estate between them. Pasch. Dig., arts. 5027, 5028.</p> <p>2. Same—Pleading.—The pleading of a landlord who sought to justify his seizure of the crop of a sub-tenant under a distress warrant issued under the statute in force in 1873, alleged an agreement that all the crops raised by the sub-tenant should be held subject to the payment of the landlord’s rent; but they failed to state with what party the sub-tenant had such agreement. Held,</p> <p>(1) That under the rule which requires a plea to be construed most strictly against the pleader, the agreement will be regarded as having been made between the tenant and sub-tenant, and not with the landlord.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding twenty entries in the driver record over twenty-five years established “the requisite mental state” on appellant’s knowledge
- requiring evidence of knowledge; found evidence sufficient where defendant had been stopped by police two months earlier and notified of license status
- driver’s refusal to take a breath test was not negated by his subsequent offer to take a blood test, an offer which was refused by the arresting officer
Source: CourtListener parenthetical corpus (CC0).
Judges: App, Com, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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