Rhone v. Russell

Court of Appeals of Texas

Rhone v. Russell

219 S.W. 1113, 1920 Tex. App. LEXIS 236

Court of Appeals of Texas·Decided February 28, 1920·No. No. 2236.·Published

Opinion

LEVY, J.

In 'the justice court the plaintiff sued for $50 with 6 per cent, interest from December 1, 1913. On appeal to the *1114 county court tlie plaintiff amended the petition so as to raise the amount in controversy to $80, with 6 per cent, interest from December 1, 1913. This court, we conclude, has no jurisdiction of the appeal in any view of the case. We think it is purely a suit for damages, and the interest is recoverable only for detention of money, and not as a distinct element of damages. It is not a conversion suit, and cannot legally be made one.

The appeal is dismissed.

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LEVY, J.

In 'the justice court the plaintiff sued for $50 with 6 per cent, interest from December 1, 1913. On appeal to the *1114 county court tlie plaintiff amended the petition so as to raise the amount in controversy to $80, with 6 per cent, interest from December 1, 1913. This court, we conclude, has no jurisdiction of the appeal in any view of the case. We think it is purely a suit for damages, and the interest is recoverable only for detention of money, and not as a distinct element of damages. It is not a conversion suit, and cannot legally be made one.

The appeal is dismissed.

Rhone v. Russell, 219 S.W. 1113, 1920 Tex. App. LEXIS 236 (Tex. Ct. App. 1920).

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