Daugherty v. Daugherty

Court of Appeals of Texas

Daugherty v. Daugherty

145 S.W. 642, 1912 Tex. App. LEXIS 582

CourtCourt of Appeals of Texas

DecidedMarch 9, 1912

StatusPublished

Cited by2 cases

This text of 145 S.W. 642 (Daugherty v. Daugherty) 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

Daugherty v. Daugherty, 145 S.W. 642, 1912 Tex. App. LEXIS 582 (Tex. Ct. App. 1912).

Pincite

Opinion

TALBOT, J.

[1] This case originated in the justice court, and there is nothing in the record showing how it reached the county court. This being true, jurisdiction of the county court to hear and determine the cause, the amount in controversy being insufficient to confer original jurisdiction upon that court, does not appear, and this court has no jurisdiction, and the appeal must be dismissed.

[2] Again, the record shows that the defendant filed a plea in reeonvention in the county court, seeking to recover damages in the sum of $175 against the plaintiff, and the judgment of the court fails to dispose of the issues presented by this plea.

The judgment is not therefore final, and for this reason the appeal must be dismissed.

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TALBOT, J.

[1] This case originated in the justice court, and there is nothing in the record showing how it reached the county court. This being true, jurisdiction of the county court to hear and determine the cause, the amount in controversy being insufficient to confer original jurisdiction upon that court, does not appear, and this court has no jurisdiction, and the appeal must be dismissed.

[2] Again, the record shows that the defendant filed a plea in reeonvention in the county court, seeking to recover damages in the sum of $175 against the plaintiff, and the judgment of the court fails to dispose of the issues presented by this plea.

The judgment is not therefore final, and for this reason the appeal must be dismissed.

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Bluebook (online)

145 S.W. 642, 1912 Tex. App. LEXIS 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daugherty-v-daugherty-texapp-1912.

Opinion

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