Amarillo Independent School District v. Brockmeyer
| Decision Date | 18 June 1956 |
| Docket Number | No. 6614,6614 |
| Parties | AMARILLO INDEPENDENT SCHOOL DISTRICT, Appellant, v. Fred G. BROCKMEYER et al., Appellees. |
| Court | Texas Court of Appeals |
F. J. Baughman, Amarillo, for appellant.
W. S. Birge, Amarillo, for appellees.
Appellee, Fred G. Brockmeyer, requested a tax certificate from the appellant, Amarillo Independent School District, certifying as to taxes on Lot Five, Block Seventy of the Original Townsite of Amarillo. A deputy of the appellant issued a tax certificate but listed taxes for the years 1930 through 1939 as delinquent. Appellee requested that the delinquent years be omitted from the tax certificate because of Article 7298, Vernon's Texas Civil Statutes, and that appellant issue a tax certificate on the lot in issue showing the same to be free and clear of any and all tax liens. This request was denied by the appellant. Appellee then instituted a suit against appellant to remove cloud and for damages for slander of title. Appellee's suit is based on the above statute of limitation.
The trial court granted appellee a judgment removing the tax liens as cloud on appellee's title. Appellant perfected an appeal from this judgment asserting that 'The trial court erred, as a matter of law, in granting to the Appellee a removal of the cloud because the limitation statutes did not release or extinguish the debt but merely affect the remedy when its enforcement is sought.' Appellee has asserted that the school district has no right to appeal without bond but the principal issue before this court is raised by appellant's first point quoted above.
Article 2276, Vernon's Texas Civil Statutes permits the state of Texas or the head of any department of the state of Texas to appeal without giving a bond therefor. Braun v. Trustees of Victoria Independent School Dist., Tex.Civ.App., 114 S.W.2d 947, 949 (writ refused). Vernon's Texas Constitution, Art. 7, § 1; Sour Lake Independent School Dist. v. Easterling, Tex.Civ.App., 142 S.W.2d 237 (writ refused). Appellee's contention that the school district had no right of appeal without bond is overruled.
As to the merits of the case, appellant's first point of error must be sustained. With reference to the issue of whether the limitation statutes give appellee a right of action, it should be further stated that in answer to appellee's suit...
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In re Milton
...remedial only and are enacted to restrict the period within which a right, otherwise unlimited, may be asserted. Amarillo Indep. Sch. Dist. v. Brockmeyer, 292 S.W.2d 886, 887 (Tex.Civ.App.-Amarillo 1956, no writ). There is no period within which a right to divorce or to seek an initial chil......
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In re Milton
...remedial only and are enacted to restrict the period within which a right, otherwise unlimited, may be asserted. Amarillo Indep. Sch. Dist. v. Brockmeyer, 292 S.W.2d 886, 887 (Tex. Civ. App.—Amarillo 1956, no writ). There is no period within which a right to divorce or to seek an initial ch......
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Wilson v. Thompson
...case.' 'The question is whether such article relieves appellants from giving an appeal bond in this case. The Court of Civil Appeals in the Brockmeyer case (Amarillo Ind. School Dist. v. Brockmeyer (Tex.Civ.App.), 292 S.W.2d 886, no wr. hist.), held that the conducting of public schools by ......
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Flowers v. Lavaca County Appraisal Dist.
...its enforcement is sought." Sam Basset Lumber Co. v. City of Houston, 198 S.W.2d 879, 882 (Tex.1947); see also Amarillo Independent School District v. Brockmeyer, 292 S.W.2d 886 (Tex.Civ.App.--Amarillo 1956, no writ). Unless the Texas Supreme Court changes its view of the nature of statutes......