Western Union Telegraph Co. v. Fricke Boyd

Court of Appeals of Texas

Western Union Telegraph Co. v. Fricke Boyd

167 S.W. 6, 1914 Tex. App. LEXIS 454

CourtCourt of Appeals of Texas

DecidedApril 29, 1914

DocketNo. 5364.

StatusPublished

This text of 167 S.W. 6 (Western Union Telegraph Co. v. Fricke Boyd) 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.

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Western Union Telegraph Co. v. Fricke Boyd, 167 S.W. 6, 1914 Tex. App. LEXIS 454 (Tex. Ct. App. 1914).

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Opinion

JENKINS, J.

[1] On a former day of the present term we inadvertently indorsed on appellees’ motion to dismiss this appeal “Overruled,” and judgment was accordingly entered. We supposed at that time that we were passing on the contention of appellant that the county court was without jurisdiction, for the reason that the judgment appealed from was less than $20. This contention was decided adversely to appellant in Brazoria County v. Calhoun, 61 Tex. 223.

[2] We set aside the order overruling motion to dismiss upon our own motion, and sustain said motion and dismiss this appeal, for the reason that both the amount in controversy and the judgment of the county court were for less than $100. Rev. Stat. art. 1589, subd. 3; Green v. Warren, 18 Tex. Civ. App. 548, 45 S. W. 608.

Motion sustained, and appeal dismissed.

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JENKINS, J.

[1] On a former day of the present term we inadvertently indorsed on appellees’ motion to dismiss this appeal “Overruled,” and judgment was accordingly entered. We supposed at that time that we were passing on the contention of appellant that the county court was without jurisdiction, for the reason that the judgment appealed from was less than $20. This contention was decided adversely to appellant in Brazoria County v. Calhoun, 61 Tex. 223.

[2] We set aside the order overruling motion to dismiss upon our own motion, and sustain said motion and dismiss this appeal, for the reason that both the amount in controversy and the judgment of the county court were for less than $100. Rev. Stat. art. 1589, subd. 3; Green v. Warren, 18 Tex. Civ. App. 548, 45 S. W. 608.

Motion sustained, and appeal dismissed.

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167 S.W. 6, 1914 Tex. App. LEXIS 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-union-telegraph-co-v-fricke-boyd-texapp-1914.

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