Handel v. Elliott

Citations

• 60 Tex. 145
• 1883 Tex. LEXIS 282

Syllabus

<p>1. Judgment.— Resort can only be had, in supporting a judgment, to the verdict and to admissions contained in the pleadings. Hence, when the existence of a lien was declared by a judgment, but in regard to which both the verdict and the pleadings of the party against whom it was adjudged were silent, there was no legal basis to support it, and this though the judgment contained a recitation that the party orally admitted the lien after the chai-ge to the jury was read, and before their retirement to consider of their verdict.</p> <p>S. Lien — Constitution construed.— By the constitution of 1876 (art. V, sec. 8), the district court has jurisdiction, without reference to amount, to decree the foreclosure of a lien on land, and the assertion of the lien gives it jurisdiction over the entire subject matter, with power finally to dispose of it.</p> <p>3. Lien.—When a mechanic’s lien had been fixed under the act of 1871, and suit begun for its enforcement before the repeal of that act in 1876, the lien was not destroyed by the repealing act.</p>