Clark v. Smith, Guardian

Court of Appeals of Texas

Clark v. Smith, Guardian

68 S.W. 532, 29 Tex. Civ. App. 363, 1902 Tex. App. LEXIS 314

CourtCourt of Appeals of Texas

DecidedMay 10, 1902

StatusPublished

Cited by2 cases

This text of 68 S.W. 532 (Clark v. Smith, Guardian) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Smith, Guardian, 68 S.W. 532, 29 Tex. Civ. App. 363, 1902 Tex. App. LEXIS 314 (Tex. Ct. App. 1902).

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Opinion

STEPHENS, Associate Justice.

The court erred in holding judgment of the Justice Court not to be final, and in dismissing the appeal on that ground, because the aggregate amount of appellee’s counterclaim exceeded $200 and was not therefore within the jurisdiction of the Justice Court, notwithstanding his attempt to offset appellant’s *364 claim with enough of the counterclaim to reduce the amount for which appellee sought judgment and execution below $200. Gimbel v. Gomprecht, 35 S. W. Rep., 470; Cain v. Culbreath, 35 S. W. Rep., 809; Miller v. Newbaur, 61 S. W. Rep., 974. The Justice Court judgment denied appellant any recovery, and as it thus disposed of the only issue of which that court had jurisdiction it was appealable, though it took no notice of the counterclaim.

Reversed and remanded.

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STEPHENS, Associate Justice.

The court erred in holding judgment of the Justice Court not to be final, and in dismissing the appeal on that ground, because the aggregate amount of appellee’s counterclaim exceeded $200 and was not therefore within the jurisdiction of the Justice Court, notwithstanding his attempt to offset appellant’s *364 claim with enough of the counterclaim to reduce the amount for which appellee sought judgment and execution below $200. Gimbel v. Gomprecht, 35 S. W. Rep., 470; Cain v. Culbreath, 35 S. W. Rep., 809; Miller v. Newbaur, 61 S. W. Rep., 974. The Justice Court judgment denied appellant any recovery, and as it thus disposed of the only issue of which that court had jurisdiction it was appealable, though it took no notice of the counterclaim.

Reversed and remanded.

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Bluebook (online)

68 S.W. 532, 29 Tex. Civ. App. 363, 1902 Tex. App. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-smith-guardian-texapp-1902.

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