Hearn v. Cutberth
Texas Supreme Court
Appeal from Cherokee. The appellee recovered judgment against the appellants before a justice of the peace. The defendants in the judgment obtained a certiorari and brought tlie case to the District Court. On the trial in the District Court the defendants (plaintiffs in the certiorari) moved to dismiss tlie case for tho want of jurisdiction in the justice. This motion tlie court overruled. There was a verdict and judgment for the plaintiff's, and the-defendants appealed.
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Appeal from Cherokee. The appellee recovered judgment against the appellants before a justice of the peace. The defendants in the judgment obtained a certiorari and brought tlie case to the District Court. On the trial in the District Court the defendants (plaintiffs in the certiorari) moved to dismiss tlie case for tho want of jurisdiction in the justice. This motion tlie court overruled. There was a verdict and judgment for the plaintiff's, and the-defendants appealed. The note sued on was originally for $250, bnt had been reduced by payments made from time to time. If the last payment were…
1Opinion of the Court
Wheeiei;, J.
The suit was brought on a promissory note, on which were indorsed certain payments. It appears that at the time of tiie institution of ■tiie suit the amount of principal due upon the note exceeded one hundred dollars, and, consequently, it was not within the jurisdiction of the justice. It would seem, therefore, that when tiie want of jurisdiction was brought to'the attention of tiie court tiie motion to dismiss should have prevailed.
But it is insisted for tiie appellee that the appeal to this court should be dismissed for the want of jurisdiction in the court a quo, and we are…
2Cited by14 opinions
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- McNeill v. CaseyCourt of Appeals of Texas · 1911
- Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902
- American Nat. Ins. Co. v. SchenckCourt of Appeals of Texas · 1935
- Texas Employers' Ins. Ass'n v. HoehnCourt of Appeals of Texas · 1929
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