Pool v. Sanford

Citations

• 52 Tex. 621
• 1880 Tex. LEXIS 31

Syllabus

<p>1. Intervention.—To entitle a party to intervene in a suit pending, his interest, legal or equitable, must be such, that had the original action never been commenced, and the intervenov had brought the suit in his own name as sole plaintiff, lie would have been entitled to recover in his own name to tlie extent at least of a part of the relief sought; or had the action been first brought against him, as a defendant lie would have been able to defeat the recovery, in part at least.</p> <p>2. Tact cases.—See statement of case for causes for action justifying intervention.</p> <p>3. Mechanic’s lien.—The right- to a mechanic’s lien depends on a substantial compliance with the statute which confers it.</p> <p>4. Mechanic’s lien—Pleading. —The requisites of the statute conferring a mechanic’s lien are necessarily descriptive thereof, and if omitted in the pleading claiming the enforcement of such lien, will subject it to demurrer.</p> <p>5. Case APPROVED.—Tinsley v. Boykin, 46 Tex., 599, approved.</p> <p>6. Exhibit—Pleading.—An exhibit attached to a petition claiming it mechanic’s lien, which exhibit upon its face shows that it was recorded, and that a copy thereof was served upon defendant as required to fix tlie lien, will not relieve the pleader from the necessity of ax-erring those facts.</p> <p>7. Exhibits—Pleading.—An exhibit filed with a plea can only, under rule 19, for the government of tlie District Courts, be looked to in aid and explanation of specific allegations made in the plea.</p> <p>S. Practice—Special verdict.—In the absence of a statement of facts, special findings of the jury trying the cause beloxv, in response to issues submitted, will be regarded as conclusive between tlie parties as to tlie facts found.</p> <p>9. Pleading—Lien—Contractor.—See case for pleading and verdict, under which it xx-as held error to render judgment for an iutervenor enforcing a lien as an original contractor.</p> <p>10. Mechanic’s lien.—Under article 7112 of Paschal’s D