Tarbox v. Kennon
Texas Supreme Court
— Writ of Error from Harris County. This suit was brought by the defendant in error against the plaintiffs in error as common carriers, to recover damages for the loss of goods, of which they had undertaken the transportation. The goods were alleged to consist in a trunk and its/ contents, claimed to have been of the value of two hundred dollars. The plaintiff recovered a verdict for fifty dollars.
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— Writ of Error from Harris County. This suit was brought by the defendant in error against the plaintiffs in error as common carriers, to recover damages for the loss of goods, of which they had undertaken the transportation. The goods were alleged to consist in a trunk and its/ contents, claimed to have been of the value of two hundred dollars. The plaintiff recovered a verdict for fifty dollars. The •defendants moved in arrest of judgment, on the ground that the matter in controversy was under the value of one hundred dollars, and not within the jurisdiction of the district court. The…
1Opinion of the CourtJustice Wheeler
The only question presented by the record is that raised by the motion in arrest of judgment, respecting the jurisdiction of the court.
By the constitution, art. 4, sec. 10, it is provided that the district court shall have original jurisdiction in all cases “ when the matter in controversy shall be valued at, or amount to, one hundred dollars, exclusive of interest.”
In questions of jurisdiction thus defined and limited by positive law, it has often been ruled that the plaintiff’s demand, asset forth in his declaration or petition, is to be considered the matter in controversy; and that…
2Cases cited2 opinions
- Hambell v. HamiltonCourt of Appeals of Kentucky · 1835
- Forrester v. AlexanderSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- Dwyer v. Bassett & BassettTexas Supreme Court · 1885
- Anding v. PerkinsTexas Supreme Court · 1867
- Times Publishing Co. v. HillCourt of Appeals of Texas · 1904
- Commercial Credit Co. v. MooreCourt of Appeals of Texas · 1926
- Jones v. JonesCourt of Appeals of Texas · 1882
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