Moose v. Missouri, K. & T. Ry. Co. of Texas

Texas Supreme Court

Moose v. Missouri, K. & T. Ry. Co. of Texas

180 S.W. 225

CourtTexas Supreme Court

DecidedDecember 1, 1915

DocketNo. 9560

StatusPublished

Cited by1 cases

This text of 180 S.W. 225 (Moose v. Missouri, K. & T. Ry. Co. of Texas) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moose v. Missouri, K. & T. Ry. Co. of Texas, 180 S.W. 225 (Tex. 1915).

Pincite

Opinion

PHILLIPS, C. J.

The defendant in error has filed a motion to dismiss the petition for writ of error upon the ground that the jurisdiction of the Court of Civil Appeals over the case is final; the amount in controversy being such as to make the suit cognizable by the county court.

[1, 2] The suit was filed in the district court. It was one for the recovery of damages arising from the destruction of a house by fire. In the petition the damages are laid at $1,000, with interest from the date of the destruction of the house, June 2, 1913. In a suit of this character interest is recoverable only as a part of the damages. Baker v. Smelser, 88 Tex. 26, 29 S. W. 377, 33 L. R. A. 163; Railway Co. v. Rayzor, 172 S. W. 1103. Inclusive of .the interest sued for, the amount in controversy exceeds $1,000, and the case is therefore not one of which the county court would have had jurisdiction.

The motion is overruled.

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PHILLIPS, C. J.

The defendant in error has filed a motion to dismiss the petition for writ of error upon the ground that the jurisdiction of the Court of Civil Appeals over the case is final; the amount in controversy being such as to make the suit cognizable by the county court.

[1, 2] The suit was filed in the district court. It was one for the recovery of damages arising from the destruction of a house by fire. In the petition the damages are laid at $1,000, with interest from the date of the destruction of the house, June 2, 1913. In a suit of this character interest is recoverable only as a part of the damages. Baker v. Smelser, 88 Tex. 26, 29 S. W. 377, 33 L. R. A. 163; Railway Co. v. Rayzor, 172 S. W. 1103. Inclusive of .the interest sued for, the amount in controversy exceeds $1,000, and the case is therefore not one of which the county court would have had jurisdiction.

The motion is overruled.

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Bluebook (online)

180 S.W. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moose-v-missouri-k-t-ry-co-of-texas-tex-1915.

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