Engelking v. Von Wamel
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. James H. Bell. This was an action of slander instituted by the appellant against the appellee before a justice of the peace of Austin county. The defendant excepted to the jurisdiction of the justice of the peace; but his exception was overruled by that official, who rendered judgment in favor of the plaintiff for one hundred dollars and costs of suit.
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Appeal from Austin. Tried below before the Hon. James H. Bell. This was an action of slander instituted by the appellant against the appellee before a justice of the peace of Austin county. The defendant excepted to the jurisdiction of the justice of the peace; but his exception was overruled by that official, who rendered judgment in favor of the plaintiff for one hundred dollars and costs of suit. The defendant thereupon took the case to the District Court, by certiorari, where the exception of the defendant to the jurisdiction of the justice of the peace was sustained and the cause…
1Opinion of the CourtWheeler, C. J.
The correctness of the judgment must depend upon the meaning to be attached to the clause in the statute (O. & W. Dig., art. 1100,) defining the jurisdiction of justices of the peace, which gives them cognizance “ of all suits and actions for torts, trespasses, and other injuries to person or property, where the amount claimed, or the value of the articles, or the damages sought to be recovered, shall not exceed one hundred dollars, exclusive of interest and costs.” What character of injuries to the “person” does the statute contemplate? Libel and slander, according to Blackstone and other…
2Cited by17 opinions
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- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Ex Parte WoodsCourt of Criminal Appeals of Texas · 1908
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