Texas Transportation Co. v. Wm. Boyd & Bro.

Citations

• 67 Tex. 153
• 2 S.W. 364
• 1886 Tex. LEXIS 629

Syllabus

<p>1. Statute Construed—City Charter.—The twenty-third section of the Charter of the city of Houston is neither violative of the federal or State Constitution. The certificate authorized by that section, when issued, signed by the proper officer, and in the form required by the charter, is prima facie evidence of the right of the holder to recover against the person whose property is liable for the claim recited in such certificate; though a defendant may show any fact which will defeat the right of the holder of the certificate to recover thereon.</p> <p>3. Cases Followed.—Taylor v. Boyd, 63 Texas, 533, and Adams v. Fisher, 63 Texas, followed.</p> <p>3. Evidence—Same .—If in a suit upon a certificate of the character above referred to, the defendant shows when the certificate is offered in evidence that the contractor to whom it issued, or the city authorities, had failed to perform any act required by law as pre-requisite to rendering city property liable for the improvement for which the certificate issued, it ought to be excluded. Its holder must prove the fact that would entitle him to recover on it.</p> <p>4. City Charter—Improvements.—Unless the provisions of a city charter referring to the method of contracting for city improvements, and which in their nature are designed for the protection of the citizen, are substantially complied with, property fronting on a street to be improved can not be made liable for such improvements.</p> <p>5. City Charter—Contract eor City Improvements.—The city council of the city of Houston has no power to make a contract for street improvements which is to constitute a charge upon the property of adjacent proprietors, when the contract, as an entirety, provides for the making of and pay for improvements not contemplated by the resolution under which the contract is made, or the published call for bids. If a certificate issue for work performed under such a contract it can not be admitted in evidence, even to establish a claim