Lane v. Jack

KEY, Associate Justice.

Appellee sued appellant in the Justice Court in an action of forcible entry and detainer. From a judgment in appellee’s favor, appellant appealed to the County Court, where upon motion of appellee, the appeal was dismissed, and appellant now attempts to appeal to this court. Appellee recovered no damages in either court.

Appellee has submitted a motion to dismiss the appeal, predicated upon article 2540 of the Revised Statutes, which in substance provides that when an action" of forcible entry and detainer is appealed to and tried by the county court, the judgment of…