Moritz v. Byerly

On Appellees’ Motion for Rehearing.

The motion quotes the following excerpt from Higgins v. Standard Lloyds, Tex.Civ.App., 149 S.W.2d 143, 146 (referred to in our original opinion): “It is the established rule in this state that a defendant cannot, by filing a cross-action, counterclaim, or plea in reconvention, litigate a suit entirely different and foreign to the main action for an amount over which the court has no jurisdiction. Hardeman [& Son] v. Morgan, 48 Tex. 103; Fridh et al. v. Giberson, Tex.Civ.App., 21 S.W.2d 563; Dawson v. Duffie, Tex.Civ.App., 191 S.W. 709.”

Taken in the abstract…