Linn Motor Co. v. Sabine Development Co.

Court of Appeals of Texas

Linn Motor Co. v. Sabine Development Co.

127 S.W.2d 502, 1939 Tex. App. LEXIS 597

CourtCourt of Appeals of Texas

DecidedApril 6, 1939

DocketNo. 3439.

StatusPublished

This text of 127 S.W.2d 502 (Linn Motor Co. v. Sabine Development Co.) 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.

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Linn Motor Co. v. Sabine Development Co., 127 S.W.2d 502, 1939 Tex. App. LEXIS 597 (Tex. Ct. App. 1939).

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Opinion

WALKER, Chief Justice.

This appeal was prosecuted from the County Court of Jefferson County, at Law, Jefferson County. Appellant’s demand, as plaintiff, on a promissory note, against appellee, as defendant, exceeded $1,-000. Appellee answered by pleas of general demurrer, general denial, fraud, cancellation of the note sued upon, and for $300 damages. On trial to a jury, judgment was for appellee for the relief prayed for. Since the amount in controversy exceeded the jurisdiction of the County Court, the judgment of the lower court must be reversed and the case dismissed. Constitution of Texas, Art. 5, sec. 16, Vernon’s Ann.St. The dismissal will be at cost of appellant. Consumers’ Fertilizer Company v. J. M. Badt & Co., Tex.Civ.App., 157 S.W. 226; Murray v. Snodgrass, Tex.Civ.App., 71 S.W.2d 1110; Wadsworth v. Chick, Administrator, 55 Tex. 241; Beaumont Majestic Company v. Berwick, Tex.Civ.App., 87 S.W.2d 1116; Griffay v. Robbins, Tex.Civ.App., 91 S.W.2d 1160; North Texas Coach Co. v. Morten, Tex.Civ.App., 92 S.W.2d 263; Janes v. Busby, Tex.Civ.App., 93 S.W.2d 788.

Judgment reversed and the case dismissed.

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WALKER, Chief Justice.

This appeal was prosecuted from the County Court of Jefferson County, at Law, Jefferson County. Appellant’s demand, as plaintiff, on a promissory note, against appellee, as defendant, exceeded $1,-000. Appellee answered by pleas of general demurrer, general denial, fraud, cancellation of the note sued upon, and for $300 damages. On trial to a jury, judgment was for appellee for the relief prayed for. Since the amount in controversy exceeded the jurisdiction of the County Court, the judgment of the lower court must be reversed and the case dismissed. Constitution of Texas, Art. 5, sec. 16, Vernon’s Ann.St. The dismissal will be at cost of appellant. Consumers’ Fertilizer Company v. J. M. Badt & Co., Tex.Civ.App., 157 S.W. 226; Murray v. Snodgrass, Tex.Civ.App., 71 S.W.2d 1110; Wadsworth v. Chick, Administrator, 55 Tex. 241; Beaumont Majestic Company v. Berwick, Tex.Civ.App., 87 S.W.2d 1116; Griffay v. Robbins, Tex.Civ.App., 91 S.W.2d 1160; North Texas Coach Co. v. Morten, Tex.Civ.App., 92 S.W.2d 263; Janes v. Busby, Tex.Civ.App., 93 S.W.2d 788.

Judgment reversed and the case dismissed.

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127 S.W.2d 502, 1939 Tex. App. LEXIS 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linn-motor-co-v-sabine-development-co-texapp-1939.

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