Smith v. Pope

On Motion for Rehearing.

The defendant, plaintiff in error here, insists that it does not affirmatively appear from the record that the plea to the jurisdiction referred to in headnote 1 of the original opinion was based on the ground that the account was split so as to bring it within the justice court’s jurisdiction. We think that it satisfactorily appears from the record that the plea to the jurisdiction was on that ground. The defendant admitted that he lived within the militia district where the suit was brought, and no other ground on which the jurisdiction of the court could have been…