Jeans v. Liquid Carbonic Co.

173 S.W. 643, 1914 Tex. App. LEXIS 1412

• Court: Court of Appeals of Texas
• Decided: October 28, 1914
• Docket: No. 5394.
• Status: Published

Opinion

JENKINS, J.

Appellants brought suit in justice court for damages for the alleged conversion by appellee of a soda fountain, alleging that he was the owner of same; that it was of the value of $350; and that it was unlawfully converted by appellee to its own use on March 15, 1913, by reason of which ap-pellee did “then and there damage plaintiff (appellant) in the reasonable sum and value thereof to the amount of $199.50, together with legal interest from March 15, 1913.” Suit was filed July 7, 1913. Judgment was rendered in justice court in favor of appellant for $95.60. Upon appeal to the county court judgment was rendered in favor of appellee, from which judgment this appeal is prosecuted.

[1] The justice court was without jurisdiction to try this case, inasmuch as appellant’s (plaintiff’s) petition, which was in writing, shows that the amount in controversy was $350, the alleged value of the soda fountain, with interest from date of conversion. Railway Co. v. Coal Co., 102 Tex. 478, 119 S. W. 294.

[2] Beside this, plaintiff (appellant) prayed for $199.50, with legal interest on the same from March 15th to July 7th. This was an amount exceeding $200. Railway Co. v. Mathews, 169 S. W. 1052, not yet officially reported. Interest by way of damages for a tort must be taken into consideration in determining the amount in controversy. Railway Co. v. Rayzor, 125 S. W. 619; Schulz v. Tessman, 92 Tex. 488, 49 S. W. 1032; Railway Co. v. Faulkner, 118 S. W. 747; Baker v. Smelser, 88 Tex. 26, 29 S. W. 377, 33 L. R. A. 163.

This case will be reversed, with instructions to the county court to dismiss the same; but, as appellant is responsible for this appeal, he will be taxed with cost of same.

Reversed, with instructions to dismiss.