Texas Supreme Court, 1941

City of Galveston v. Heffernan

Texas Supreme Court · Decided November 5, 1941 · Critz

138 Tex. 16; 155 S.W.2d 912; 1941 Tex. LEXIS 350

Cases that cite this one

23 later published cases cite this decision.

Austin v. Truly (Tex. App. 1986)
Kirby v. Cruce (Tex. App. 1985)
State Ex Rel. Crooke v. Lugar (Ind. Ct. App. 1976)
United Broadcasting Company, Inc., U.B.C. Sales, Inc., and Their Officers and Richard Eaton v. Jay J. Armes (5th Cir. 1975)
Sterling Projects, Inc. v. Fields (Tex. App. 1975)
Fraley v. Zales Jewelry Co. (Tex. App. 1956)
Tubb v. Kramer Bros. Nurseries (Tex. App. 1951)
Autocredit of Fort Worth, Inc. v. Pritchett (Tex. App. 1949)
Smothers v. Gawlik (Tex. App. 1948)
English Freight Co. v. Knox (Tex. App. 1944)
City of Galveston v. Fredrickson (Tex. App. 1943)
City of Wichita Falls v. Long (Tex. App. 1942)
Mandril v. Kasishke (Tex. App. 1981)
Wood v. Texas Farmers Insurance Co. (Tex. App. 1979)
Union Building Corp. v. J & J Building & Maintenance Contractors, Inc. (Tex. App. 1979)
Pointer v. State (Tex. Crim. App. 1979)
Black Lake Pipe Line Co. v. Union Construction Co. (Tex. 1976)
Black Lake Pipe Line Co. v. Union Construction Co. (Tex. App. 1975)
Nedow v. Nicholson (Tex. App. 1964)
Norman v. B. v. Christie & Co. (Tex. App. 1962)
City of Fort Worth v. Morrison (Tex. App. 1942)
City of Dallas v. McGuire (Tex. App. 1942)
City of Amarillo v. York (Tex. App. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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, *18Ward & 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.