City of San Antonio v. Pizzini

Decision Date18 March 1901
Citation61 S.W. 1102
PartiesCITY OF SAN ANTONIO v. PIZZINI et al.
CourtTexas Supreme Court

Error to court of civil appeals of Fourth supreme judicial district.Action by Francisco Pizzini against the city of San Antonio and others.From a judgment of the court of civil appeals (58 S. W. 635) affirming a judgment of the district court in favor of the plaintiff and the other defendants, the defendant city brings error.Affirmed in part and reversed in part.

Geo. C. Altgelt and I. C. Baker, for plaintiff in error.Carlos Bee, Ingrum & Davis, and Clark, Ball & Fuller, for defendant in error Pizzini.

WILLIAMS, J.

This case is like that of City of San Antonio v. Smith, 59 S. W. 1109, recently decided by this court, except that in the present case the judgment of the district court in favor of defendant in error Pizzini, as well as that in favor of defendants Hildebrand & Hamilton, against the city, was affirmed by the court of civil appeals (58 S. W. 635), and the city assigns error upon both parts of the judgment of affirmance.We are of opinion that the assignments of error by which the city seeks to reverse the judgment in favor of Pizzini were correctly decided by the court of civil...

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4 cases
  • Galveston, H. & S. A. Ry. Co. v. Pigott
    • United States
    • Texas Court of Appeals
    • February 10, 1909
    ...Pullman Co. v. Norton, 91 S. W. (Tex. Civ. App.) 843; Teleg. & Tel. Co. v. Krause, 92 S. W. (Tex. Civ. App.) 431; City of San Antonio v. Pizzini, 95 Tex. 1, 61 S. W. 1102; Kampman v. Rothwell, 109 S. W. (Tex.) 1089; Eaton v. Tract Co., 123 Mo. App. 117, 100 S. W. 551. Upon this subject it i......
  • Naylor v. Parker
    • United States
    • Texas Court of Appeals
    • May 20, 1911
    ... ... City of San Antonio v. Pizzini, 58 S. W. 635; Id., 95 Tex. 1, 61 S. W. 1102; I & G. N. Ry. Co. v ... ...
  • Continental Fruit Express v. Leas
    • United States
    • Texas Court of Appeals
    • April 8, 1908
    ...cross-action, it was a matter between appellant and its codefendant, and cannot affect the rights of the appellee. City of San Antonio v. Pizzini, 95 Tex. 1, 61 S. W. 1102; G., H. & S. A. Ry. Co. v. Croskell, 6 Tex. Civ. App. 160, 25 S. W. 3. The third assignment of error complains that the......
  • Donovan v. Royall
    • United States
    • Texas Court of Appeals
    • May 30, 1901
    ... ... J ...         This action was brought by the appellees against the appellant and the city of Palestine to enjoin them from maintaining a sewer by which the sewage of the city of Palestine ... City of San Antonio v. Pizzini (Tex. Civ. App.) 58 S. W. 635; Id. (Tex. Sup.) 61 S. W. 1102; Wood, Nuis. §§ 486, 487 ... ...

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