Connellee v. Doake

Opinion by

Will-son, J.

§ 98. Practice; fraudulent attempt to confer jurisdiction; plea of, submitted to and determined by judge, should not be submitted to jury; exemplary damages; allegation and proof of. Appellee brought this suit to recover $100 actual and $200 exemplary damages done to his horse by a barbed-wire fence erected by appellant. He recovered judgment for $50 actual damages. Appellant pleaded that appellee had fraudulently alleged an amount of damages greater than he was legally entitled to recover under the allegations of his petition, and greater than the evidence would entitle…