Lander v. Rounsaville
Texas Supreme Court
Error from Rusk. In the petition the plaintiff alleges the sale by himself and another, of a tract of land to the defendant, for a specified sum of money, and that they executed to the defendant a bond title; that in consideration therebf, and to secure payment of part of the purchase money, the defendant executed, in favor of plaintiff, three notes of hand, on two of which the plaintiff subsequently recovered judgments before a Justice of the Peace, which said judgments…
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Error from Rusk. In the petition the plaintiff alleges the sale by himself and another, of a tract of land to the defendant, for a specified sum of money, and that they executed to the defendant a bond title; that in consideration therebf, and to secure payment of part of the purchase money, the defendant executed, in favor of plaintiff, three notes of hand, on two of which the plaintiff subsequently recovered judgments before a Justice of the Peace, which said judgments remain in force unsatisfied; and the defendant is alleged to be insolvent, having no property subject to execution,…
1Opinion of the Court
Hemphil, Ch. J.
No exceptions to the petition appear in the record; bat in the judgment, the fact of their being filed is recited, though, of the special grounds which were assumed in them, we are not apprised.
In the motion for a new trial, the second ground is the alleged error in dismissing the plaintiff’s cause for want of jurisdiction in the District Court.
If this be the ground on which the exceptions to the petition were sustained, we are of opinion that the decision is erroneous. There can be no doubt of the jurisdiction of the District Court, where the demand is or exceeds one hundred…
2Cited by8 opinions
- Hart v. BostwickSupreme Court of Florida · 1872
- McQueen v. IveySupreme Court of Alabama · 1860
- Harris v. CatlinTexas Supreme Court · 1880
- Johnson v. WiseCourt of Appeals of Texas · 1925
- Bradshaw v. HouseTexas Supreme Court · 1875
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