Moon Automobile Co. v. Avery.
Court of Appeals of Texas
Appeal from Titus County Court; J. W. Tabb, Judge. Action by the Moon Automobile Company against A. ft. Avery. From a judgment dismissing the case for want of jurisdiction plaintiff appeals.
1Opinion of the CourtHodges, J.
The appellant sued the ap-pellee to recover the sum of $750 as the balance due on a promissory note and to foreclose a mortgage on an automobile and three bales of cotton. In its petition the appellant alleged that the value of the mortgaged property was, in the aggregate, $900. The defendant pleaded general and special defenses, but failed to plead in abatement that the subject-matter of the suit was beyond the jurisdiction of the county court, or that the value of the mortgaged property had been falsely and fraudulently represented to be less than it really was. During the trial, and over…
2Cases cited3 opinions
- Cisco Oil Mill v. Van GeemCourt of Appeals of Texas · 1914
- Brown v. GreenCourt of Appeals of Texas · 1918
- New Fenfield Townsite Co. v. KingCourt of Appeals of Texas · 1918