City of Galveston v. Heffernan

City of Galveston v. John P. Heffernan

City of Galveston v. Heffernan, 155 S.W.2d 912 (Tex. 1941)

Court: Texas Supreme Court · State Highest Courts
Decided: November 5, 1941
Docket: No. 7838
Judges: Critz
Citations: 155 S.W.2d 912138 Tex. 161941 Tex. LEXIS 350

Opinion of the Court — Critz

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Mr. Justice Critz

delivered the opinion of the Court.

The opinion of the Court of Civil Appeals, which is found in 146 S. W. (2d) 416 , makes a complete statement of the facts and questions of law involved in this case. After a careful consideration of such opinion we have decided that it correctly disposes of the law questions involved in this appeal, and for correct reasons given. No good reason can be served by our further discussion of the law questions involved. We therefore approve the same.

We granted the writ of error in this case on the tenative belief that the opinion herein conflicts with the opinion of the Waco Court of Civil Appeals in the case of Montgomery, *18 Ward & Co. v. Lusk et al (Civ. App., writ refused), 52 S. W. (2d) 1110 . After a careful consideration of the two opinions we have reached the conclusion that they do not conflict in any way, but that both correctly announce the law. In the Lusk case, as shown by the opinion, the Lusks brought suit to enforce a contract made in direct violation of Articles 1569 and 1572, Texas Penal Code. The opinion simply holds that resort cannot be had to our courts to enforce contracts made in violation of our penal laws. This case involves no effort to enforce a contract denounced by our penal laws. It is simply an action to recover on aquantum meruit for overtime services rendered by the firemen of the City of Galveston. This fully appears in the opinion of the Court of Civil Appeals.

The judgment of the Court of Civil Appeals is affirmed.

Opinion delivered November 5, 1941.

Rehearing overruled December 3, 1941.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 23 cases

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Relies on it most ⓘ

English Freight Co. v. Knox180 S.W.2d 633 (Tex. App. 1944)
State ex rel. Crooke v. Lugar354 N.E.2d 755 (Ind. Ct. App. 1976)
Sterling Projects, Inc. v. Fields530 S.W.2d 602 (Tex. App. 1975)
United Broadcasting Company, Inc., U.B.C. Sales, Inc., and Their Officers and Richard Eaton v. Jay J. Armes506 F.2d 766 (5th Cir. 1975)
Smothers v. Gawlik214 S.W.2d 894 (Tex. App. 1948)
City of Wichita Falls v. Long167 S.W.2d 792 (Tex. App. 1942)

Most recent

Austin v. Truly721 S.W.2d 913 (Tex. App.—Beaumont 1986)
Kirby v. Cruce688 S.W.2d 161 (Tex. App.—Dallas 1985)
Mandril v. Kasishke620 S.W.2d 238 (Tex. App. 1981)
Wood v. Texas Farmers Insurance Co.593 S.W.2d 777 (Tex. App. 1979)
Pointer v. State577 S.W.2d 736 (Tex. Crim. App. 1979)
Union Building Corp. v. J & J Building & Maintenance Contractors, Inc.578 S.W.2d 519 (Tex. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	City of Galveston v. O'Mara, 146 S.W.2d 416 (Tex. App. 1940)	28
	Montgomery Ward & Co. v. Lusk, 52 S.W.2d 1110 (Tex. App. 1932)	25

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