Read v. Gillespie

Citations

• 64 Tex. 42

Syllabus

<p>1. Material-man’s lien.— The lien given by statute to one who furnishes materials for building is not lost by a failure to serve a bill of particulars on the party owing the debt, who leaves the state, and is absent therefrom, before the expiration of the time within which the bill of particulars must be recorded in order to fix the lien, and before the debt falls due.</p> <p>2. Attorney pee — Lien. — When judgment is rendered against one, cited by publication, in a suit by a building-material-man to enforce his lien, the fee allowed the attorney appointed to defend the absent defendant may be taxed in the bill of costs, and satisfied out of the proceeds of the sale of the property on which the lien is enforced.</p>