Michot v. Rizer

Court of Appeals of Texas

Michot v. Rizer

46 S.W.2d 1111, 1932 Tex. App. LEXIS 142

CourtCourt of Appeals of Texas

DecidedMarch 2, 1932

DocketNo. 8750

StatusPublished

This text of 46 S.W.2d 1111 (Michot v. Rizer) 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

Michot v. Rizer, 46 S.W.2d 1111, 1932 Tex. App. LEXIS 142 (Tex. Ct. App. 1932).

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Opinion

SMITH, J.

This action was brought in a county court of general jurisdiction to recover the amount of a promissory note for $800, interest and attorney’s fees, and to foreclose a chattel mortgage upon “ten head of cattle and their increase.” The value of the mortgaged property is not shown in the record. The jurisdiction of the trial court in such cases depends upon the value of the mortgaged property, which must be affirmatively shown to be in an amount within that jurisdiction, notwithstanding the debt sued on is within such jurisdiction. Welder v. Bank (Tex. Civ. App.) 37 S.W.(2d) 848, and authorities there cited.

o?he justice of the case will be better served by reversal rather than dismissal. Accordingly, the judgment will be reversed, and the cause remanded.

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SMITH, J.

This action was brought in a county court of general jurisdiction to recover the amount of a promissory note for $800, interest and attorney’s fees, and to foreclose a chattel mortgage upon “ten head of cattle and their increase.” The value of the mortgaged property is not shown in the record. The jurisdiction of the trial court in such cases depends upon the value of the mortgaged property, which must be affirmatively shown to be in an amount within that jurisdiction, notwithstanding the debt sued on is within such jurisdiction. Welder v. Bank (Tex. Civ. App.) 37 S.W.(2d) 848, and authorities there cited.

o?he justice of the case will be better served by reversal rather than dismissal. Accordingly, the judgment will be reversed, and the cause remanded.

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Bluebook (online)

46 S.W.2d 1111, 1932 Tex. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michot-v-rizer-texapp-1932.

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