Keils v. Waldron

Court of Appeals of Texas

Keils v. Waldron

240 S.W.2d 788, 1951 Tex. App. LEXIS 2121

CourtCourt of Appeals of Texas

DecidedJune 7, 1951

Docket2949

StatusPublished

Cited by5 cases

This text of 240 S.W.2d 788 (Keils v. Waldron) 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

Keils v. Waldron, 240 S.W.2d 788, 1951 Tex. App. LEXIS 2121 (Tex. Ct. App. 1951).

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Opinion

HALE, Justice.

This is an attempted appeal from a judgment of the County Court of Freestone County finally disposing of an action in forcible detainer without the award of any damages. Art. 3992 of Vernon’s Tex. *789 Civ. Stats, provides in substance that such judgment is conclusive of the litigation and that no further appeal shall be allowed. In construing and applying the provisions of the foregoing statute, the courts of this State have held repeatedly that an appeal does not lie from a judgment of the county court disposing of an action in forcible entry or detainer unless damages in excess of $100.00 are awarded. Lane v. Jack, 25 Tex.Civ.App. 496, 61 S.W. 422; Kerlin v. Bassett, Tex.Civ.App., 152 S.W. 526; Delgado v. Chapa, Tex.Civ.App., 173 S.W. 1169; Tibbitts v. Lacy, Tex.Civ.App., 225 S.W. 190; Rose v. Skiles, Tex.Civ.App., 245 S.W. 127; Beacon Lumber Co. v. Brown, Tex.Com.App., 14 S.W.2d 1022; Cox, Inc., v. Knight, Tex.Civ.App., 50 S.W. 2d 915; Madison v. Martinez, Tex.Civ. App., 56 S.W.2d 908; Brown v. Grant, Tex.Civ.App., 119 S.W.2d 185.

Because we are of the opinion that this court does not have jurisdiction to review any part of the judgment of which complaint is here made, the attempted appeal must be and it is hereby dismissed.

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HALE, Justice.

This is an attempted appeal from a judgment of the County Court of Freestone County finally disposing of an action in forcible detainer without the award of any damages. Art. 3992 of Vernon’s Tex. *789 Civ. Stats, provides in substance that such judgment is conclusive of the litigation and that no further appeal shall be allowed. In construing and applying the provisions of the foregoing statute, the courts of this State have held repeatedly that an appeal does not lie from a judgment of the county court disposing of an action in forcible entry or detainer unless damages in excess of $100.00 are awarded. Lane v. Jack, 25 Tex.Civ.App. 496, 61 S.W. 422; Kerlin v. Bassett, Tex.Civ.App., 152 S.W. 526; Delgado v. Chapa, Tex.Civ.App., 173 S.W. 1169; Tibbitts v. Lacy, Tex.Civ.App., 225 S.W. 190; Rose v. Skiles, Tex.Civ.App., 245 S.W. 127; Beacon Lumber Co. v. Brown, Tex.Com.App., 14 S.W.2d 1022; Cox, Inc., v. Knight, Tex.Civ.App., 50 S.W. 2d 915; Madison v. Martinez, Tex.Civ. App., 56 S.W.2d 908; Brown v. Grant, Tex.Civ.App., 119 S.W.2d 185.

Because we are of the opinion that this court does not have jurisdiction to review any part of the judgment of which complaint is here made, the attempted appeal must be and it is hereby dismissed.

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240 S.W.2d 788, 1951 Tex. App. LEXIS 2121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keils-v-waldron-texapp-1951.

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