Durham v. Simpson
This text of 77 S.W.2d 295 (Durham v. Simpson) 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.
Opinion
Appellee was given judgment against appellant in the county court of Lynn county for the amount of a note and for foreclosure of a chattel mortgage on personal property, the value of which was not alleged in his pleadings. Appellee’s petition was hare of any showing of jurisdiction in the county court over his cause of action, and the trial court erred in not sustaining a general demurrer to same. This is not a debatable question. Foster v. First National Bank (Tex. Civ. App.) 70 S.W.(2d) 764, and authorities there cited; 11 Tex. Jur. p. 743.
Judgment reversed and cause remanded.
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77 S.W.2d 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durham-v-simpson-texapp-1934.