Moore v. Fay

Court of Appeals of Texas

Moore v. Fay

15 S.W. 199, 4 Willson 298

CourtCourt of Appeals of Texas

DecidedJanuary 14, 1891

DocketNo. 2987

StatusPublished

Cited by3 cases

This text of 15 S.W. 199 (Moore v. Fay) 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

Moore v. Fay, 15 S.W. 199, 4 Willson 298 (Tex. Ct. App. 1891).

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Opinion

Opinion by

White, P. J.

§ 199. Jurisdiction of comity court; amount in controversy; .case stated. Suit upon a promissory note for $910.64, which note contains a stipulation that if it was not paid at maturity, ten per cent, for attorney’s fees for collection should be added to the principal should the [299]*299note be placed in the hands of an attorney for collection. The petition claimed and prayed for a judgment for the principal of the note, interest and the stipulated attorney’s fees. The ten per cent, attorney’s fees added to the principal makes $1,001.70, an amount in excess of the jurisdiction of the county court, said jurisdiction being limited to not exceed $1,000 exclusive of interest. [Const., art. 5, § 16; 1 App. C. C., § 598.] The attorney’s fee was „a part of the debt to be paid, and constituted a part of the amount in controversy in the suit. [2 App. C. C., § 556.]

January 14, 1891.

Reversed and the suit ordered to be dismissed.

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Opinion by

White, P. J.

§ 199. Jurisdiction of comity court; amount in controversy; .case stated. Suit upon a promissory note for $910.64, which note contains a stipulation that if it was not paid at maturity, ten per cent, for attorney’s fees for collection should be added to the principal should the [299]*299note be placed in the hands of an attorney for collection. The petition claimed and prayed for a judgment for the principal of the note, interest and the stipulated attorney’s fees. The ten per cent, attorney’s fees added to the principal makes $1,001.70, an amount in excess of the jurisdiction of the county court, said jurisdiction being limited to not exceed $1,000 exclusive of interest. [Const., art. 5, § 16; 1 App. C. C., § 598.] The attorney’s fee was „a part of the debt to be paid, and constituted a part of the amount in controversy in the suit. [2 App. C. C., § 556.]

January 14, 1891.

Reversed and the suit ordered to be dismissed.

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Bluebook (online)

15 S.W. 199, 4 Willson 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-fay-texapp-1891.

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