Watson v. Corley
Court of Appeals of Texas
Appeal from Hopkins County Court; T. J. Tucker, Judge. Suit by James Corley against J. M. Watson, begun in the justice court. Judgment for plaintiff for part of the claim, and plaintiff appealed to the county court, where there was a judgment for plaintiff for a larger sum, and defendant appeals. Appellee’s suit against appellant was commenced in a justice court. It was to recover $96.25 which he claimed appellant owed him as rent for certain land.
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Appeal from Hopkins County Court; T. J. Tucker, Judge. Suit by James Corley against J. M. Watson, begun in the justice court. Judgment for plaintiff for part of the claim, and plaintiff appealed to the county court, where there was a judgment for plaintiff for a larger sum, and defendant appeals. Appellee’s suit against appellant was commenced in a justice court. It was to recover $96.25 which he claimed appellant owed him as rent for certain land. At the time he commenced the suitj appellee procured the issuance of a distress warrant, which was levied on property belonging to appellant. The…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1-3] The trial court did not err when he overruled appellant’s motion to dismiss the appeal from the justice court on the ground that the judgment of the latter court was not a final one because it did not in terms dispose of appellant’s cross-action against appellee. It has been held in conformity to appellant’s contention that the judgment of a justice court which does not dispose of defendant’s counterclaim for damages is not a final one (Carothers v. Holloman, 33 Tex. Civ. App. 131, 75 S. W. 1084; Harper v. Dawson, 167 S. W. 311), but the Supreme Court…
2Cases cited17 opinions
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- Gordon Jones Const. Co. v. LopezCourt of Appeals of Texas · 1914
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- Shaw v. GarrisonCourt of Appeals of Texas · 1915
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3Cited by3 opinions
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- Cantrell v. GarrettCourt of Appeals of Texas · 1961
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