Woodward-Lane v. Nelson

Court of Appeals of Texas

Woodward-Lane v. Nelson

263 S.W. 629, 1924 Tex. App. LEXIS 1095

CourtCourt of Appeals of Texas

DecidedJune 18, 1924

DocketNo. 2353.

StatusPublished

This text of 263 S.W. 629 (Woodward-Lane v. Nelson) 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.

Bluebook

Woodward-Lane v. Nelson, 263 S.W. 629, 1924 Tex. App. LEXIS 1095 (Tex. Ct. App. 1924).

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Opinion

HALL, O. J.

The appellants Woodward-Lane, a partnership, filed this suit in the justice court of precinct No. 2 of Gray pounty, against J. F. Blanton, upon a promissory note in the sum of $106, which provided for 10 per cent, interest and 10 per cent, attorneys’ fees. He also sued to foreclose a chattel mortgage lien upon one-half' of 225 acres of wheat belonging to the defendant *630 Blanton. Several other parties, including Blanton’s landlord and other lienholders, together with C. B. Simpson, who purchased the mortgaged wheat, were made parties defendant. The record is before us upon an agreed case, which shows that the value of the wheat upon which the plaintiffs sought to foreclose their lien is $345.35. This sum is the amount sin controversy and is beyond the jurisdiction of the justice court (W. R. Kelly & Co. v. J. E. Stevens & Sons [Tex. Civ. App.] 136 S. W. 94), and the suit should have been filed in the county court. Since the justice court had no jurisdiction, the county court acquired none by the appeal, and for the same reason this court cannot entertain jurisdiction: the rule being that, when the court a quo is without jurisdiction, the appellate court acquires none on appeal. Pecos & N. T. Ry. Co. v. Canyon Coal Co., 102 Tex. 478, 119 S. W. 294; Wilder v. Texas Central Railway [Tex. Civ. App.] 131 S. W. 607.

The case is dismissed.

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HALL, O. J.

The appellants Woodward-Lane, a partnership, filed this suit in the justice court of precinct No. 2 of Gray pounty, against J. F. Blanton, upon a promissory note in the sum of $106, which provided for 10 per cent, interest and 10 per cent, attorneys’ fees. He also sued to foreclose a chattel mortgage lien upon one-half' of 225 acres of wheat belonging to the defendant *630 Blanton. Several other parties, including Blanton’s landlord and other lienholders, together with C. B. Simpson, who purchased the mortgaged wheat, were made parties defendant. The record is before us upon an agreed case, which shows that the value of the wheat upon which the plaintiffs sought to foreclose their lien is $345.35. This sum is the amount sin controversy and is beyond the jurisdiction of the justice court (W. R. Kelly & Co. v. J. E. Stevens & Sons [Tex. Civ. App.] 136 S. W. 94), and the suit should have been filed in the county court. Since the justice court had no jurisdiction, the county court acquired none by the appeal, and for the same reason this court cannot entertain jurisdiction: the rule being that, when the court a quo is without jurisdiction, the appellate court acquires none on appeal. Pecos & N. T. Ry. Co. v. Canyon Coal Co., 102 Tex. 478, 119 S. W. 294; Wilder v. Texas Central Railway [Tex. Civ. App.] 131 S. W. 607.

The case is dismissed.

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263 S.W. 629, 1924 Tex. App. LEXIS 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodward-lane-v-nelson-texapp-1924.

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