Wilson v. Ford

159 S.W. 73, 1913 Tex. App. LEXIS 1346

• Court: Court of Appeals of Texas
• Decided: May 17, 1913
• Status: Published

Opinion

DUNKLIN, J.

This is an appeal from a judgment rendered in favor of Henry Ford against defendant, J. D. Wilson, instituted' in the county court of Wichita county to recover upon certain promissory notes and for a foreclosure of chattel mortgage liens upon several horses and a crop of 150 acres of cotton.

[1] Neither the original nor the supplemental petition, which constituted the pleadings upon which plaintiff relied upon the trial, contains any allegation of the value of the-property upon which a foreclosure of lien was sought. According to the well-settled1 rule, if the value of this property exceeded the sum of $1,000, the county court had no' jurisdiction of plaintiff’s suit.

[2] In the absence of an affirmative showing of jurisdiction of the county court to' hear and determine the controversy, the judgment must be reversed, and the cause remanded; and it is so ordered. Ware v. Clark, 125 S. W. 618; Stricklin v. Arrington & Carter, 141 S. W. 189.

Reversed and remanded.