HIGGINS, J.
[1]
Jenson brought this suit in the county court against H. O. Cantrell, sheriff of Ward county, and Smith Bros. Grain Company, to restrain the enforcement of an execution issued upon a judgment for less than $200 rendered in the justice court. This appeal is prosecuted from a judgment granting the relief sought. The county court has no jurisdiction to enjoin the enforcement of a justice court judgment for less than $200. De Witt County v. Wischkemper, 95 Tex. 435, 67 S. W. 882; Philips v. Sanders, 80 S. W. 567; Lyons Bros. v. Corley, 135 S. W. 603; Staley v. Derden, 57 Tex. Civ. App. 142, 121 S. W. 1136.
[2]
No briefs have been filed, but the error of the court in assuming jurisdiction is an error in law apparent on the face of the record and necessitates a reversal, though not assigned or briefed.
The judgment of the court below is reversed, and judgment here rendered that the suit be dismissed.
Reversed and dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI