Legal Opinion · Dissent

United States Fidelity & Guaranty Co. of Baltimore v. Lowry

Court of Appeals of Texas

Decided January 28, 1920No. 6141Published

Appeal from District Court, Brown County; J. O. Woodward, Judge. Suit by the United States Fidelity & Guaranty Company of Baltimore, Md., against Mrs. J. S. Lowry. Judgment of dismissal, and plaintiff appeals.

1DissentJenkins, J.

The decision of the majority of this court rests upon the assumption that the Constitution of this state conferred original jurisdiction upon the district court of Brown county to try this cause, and that the venue in Coke county, as fixed by the act under which this proceeding was brought, was a mere personal privilege, which appellee might waive. I cannot accede to either of these propositions.

The clause of the Constitution relied upon is that which declares that district courts shall have original jurisdiction “of all suits, complaints or pleas whatever, without regard to any distinction…

2Cases cited15 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. Crawford v. McDonaldTexas Supreme Court · 1895
  3. Ex Parte TowlesTexas Supreme Court · 1877
  4. Furgeson v. JonesOregon Supreme Court · 1888
  5. State v. SnyderTexas Supreme Court · 1886

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