Legal Opinion

Hoffman v. Cleburne Building & Loan Ass'n

Court of Appeals of Texas

Decided March 30, 1893No. 729PublishedCited by 3 opinions

The question referred to in the opinion as having been certified to the Supreme Court was as follows: “ Where the petition alleges an amount within the jurisdiction of the court, and the defendant pleads that the real amount in controversy is less than such jurisdiction, and has been fraudulently alleged at such greater sum for the purpose of conferring jurisdiction of the case upon such court, is it necessary that such plea be filed before an answer to the merits, or is it…

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The question referred to in the opinion as having been certified to the Supreme Court was as follows: “ Where the petition alleges an amount within the jurisdiction of the court, and the defendant pleads that the real amount in controversy is less than such jurisdiction, and has been fraudulently alleged at such greater sum for the purpose of conferring jurisdiction of the case upon such court, is it necessary that such plea be filed before an answer to the merits, or is it sufficient that this issue is presented in an amendment (filed after an original answer containing a general demurrer…

1Opinion of the Court

HEAD, Associate Justice.

The decision of our Supreme Court on the question referred to it by us holds, that a plea to the jurisdiction of the trial court on the ground that the amount in controversy has been fraudulently stated, must be filed in the due order of pleading before an answer to the merits. The action of the court below in overruling the motion of appellant to strike out such plea interposed by appellees, after they had filed a general demurrer and general denial, must therefore be held error which will require a reversal of the judgment.

The allegations in appellant’s petition in…

2Cases cited1 opinion

  1. P. J. Willis & Bro. v. HudsonTexas Supreme Court · 1885

3Cited by3 opinions

  1. City of Fort Worth v. ZanecettiTexas Commission of Appeals · 1930
  2. Trott v. FlatoCourt of Appeals of Texas · 1922
  3. American Citizens Labor & Protective Institution v. BandyCourt of Appeals of Texas · 1927

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