William J. Burns International Detective Agency, Inc. v. General Electric Supply Co., 7777
| Decision Date | 31 January 1967 |
| Docket Number | No. 7777,7777 |
| Citation | 413 S.W.2d 775 |
| Parties | The WILLIAM J. BURNS INTERNATIONAL DETECTIVE AGENCY, INC., Appellant, v. GENERAL ELECTRIC SUPPLY COMPANY, a Division of General Electric Company et al., Appellees. . Texarkana |
| Court | Texas Court of Appeals |
C. B. Stanley, Houston, for appellant.
Ray A. Gipson, Baker, Botts, Shepherd & Coates, Houston, for appellees.
E. W. Solomon, James P. Sheppard, Mrs. Kathleen C. Glass, Houston, for interpleader.
This appeal is the result of two garnishment proceedings. One by the William J. Burns International Detective Agency, Inc., hereinafter called 'Burns', and one by General Electric Supply Company, a Division of General Electric Company, hereinafter called 'General Electric', against Stewart Title Company. Judgment was rendered in favor of General Electric and Burns has perfected its appeal. It brings forward 14 points of error.
James P. Sheppard and wife, Cherie Jacqueline Sheppard, and Kathleen C. Glass were in the process of building a 38 unit apartment in the City of Houston, Harris County, Texas. It appears that at or prior to the time the construction was completed they became involved with the contractor and several of their creditors. Burns had been employed as a guard to guard the property during the construction, and they were indebted to Burns in the amount of $1,838.25. Burns filed a suit against Sheppard, et al, and recovered judgment for the indebtedness, and $400.00 attorneys fees, on May 26, 1964. Burns abstracted this judgment and filed a garnishment proceedings against the Stewart Title Company and had them served with a writ of garnishment on June 12, 1964.
Delta Electric Corporation furnished material in the construction of the project, and in August of 1963, it assigned its account to General Electric. General Electric filed a mechanic's and materialman's lien affidavit on February 14, 1964, against James P. Sheppard, et al. General Electric then filed suit against Sheppard, et al, and had issued a writ of garnishment that was served on Stewart Title Company on June 15, 1964.
Stewart Title Company filed a plea in abatement, answer, and a verified bill of interpleader. General Electric took a judgment against Chandler, et al, on August 25, 1964.
A motion to consolidate the garnishment proceedings was filed and granted.
By several of its points, Burns says the trial court erred in holding that there was competent evidence to prove that there was any balance due to Delta Electric Corporation, or to prove a valid mechanic's and materialman's lien.
This case has caused this writer much concern. It seems that there must be a valid mechanic's and materialman's lien to take any priority over funds that had been previously garnisheed by a creditor. It is true that a mechanic's and materialman's lien is assignable. Gollnick v. Fry et al., (1930), 119 Tex. 23, 23 S.W.2d 677, opinion adopted by the Supreme Court. It seems that it is necessary for the person, firm or corporation who may sell or furnish material that goes into the construction of a building must be the one to file and perfect a mechanic's and materialman's lien. If they sell the account to a third person, regardless of the connection between the parties, the third person cannot perfect a mechanic's and materialman's lien under the statutes of the State of Texas. Art. 5452, et seq. Vernon's Ann.Rev.Civ.St.
The appellee tried to offer the mechanic's and materialman's lien in evidence, but it was objected to on the ground that it was invalid. The judgment was offered in evidence and a similar objection was made to the judgment on the ground that it foreclosed on an invalid mechanic's and...
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Youngstown Sheet and Tube Co. v. Lucey Products Co.
...that the Crutcher case controls on the facts before us. The result is not changed by William J. Burns International Detective Agency v. General Electric Supply Co., Tex.Civ.App.1967, 413 S.W.2d 775 (no writ). That case was authority only for the proposition that the perfection of a mechanic......
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Mg Bldg. Mater. v. Moses Lopez Custom Homes
...such performance"). The right to assert a mechanic's and materialman's lien may be assigned. See William J. Burns Int'l Detective Agency, Inc. v. Gen. Elec. Supply Co., 413 S.W.2d 775, 777 (Tex.Civ.App.-Texarkana 1967, no writ); see also Wortham v. Trane Co., 432 S.W.2d 520, 520 (Tex.1968).......
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In re Jeter
...and all of the labor were furnished by "Pools West." No lien was acquired by LaDon Realty. See Burns International Detective Agency v. General Electric Supply Company, 413 S.W.2d 775 (Tex.Civ.App.—Texarkana 1967, no writ). Before Seminole State National Bank could properly be the assignee o......
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Trane Co. v. Wortham, 15280
...the labor or materials to perfect a mechanic's and materialman's lien as was held by the court in William J. Burns Intern. Detective Agency v. General Elec. Supply Co., 413 S.W.2d 775 (Tex.Civ.App., Texarkana 1967, n.w.h.). However, the wording of the Act would permit the interpretation tha......