Legal Opinion

Duer v. Seydell

Texas Supreme Court

Decided July 1, 1857PublishedCited by 1 opinion

Error from Dallas. Tried below before the Hon. Nat. M. Burford. The plaintiff’s claim consisted of an account of several items, none of which exceeded $100. The other facts are stated in the Opinion.

1Opinion of the Court

Hemphill, Ch. J.

This suit was originally brought before a magistrate to recover sixty dollars xVo'> the balance claimed on *63account for one hundred and fifty-three "xso%- dollars, reduced by a credit of ninety-three yW dollars.

The defendant’s objection to the jurisdiction of the Justice was overruled. The cause was brought on certiorari to the District Court, to test the question;—and on motion the certiorari was dismissed. In this there was no error. The amount claimed was sixty dollars. The original account had been reduced to that sum by credits allowed by plaintiff, and so stated when he…

2Cited by1 opinion

  1. Dalby v. MurphyTexas Supreme Court · 1860

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