Legal Opinion

Pevito v. Rodgers

Texas Supreme Court

Decided February 17, 1880PublishedCited by 9 opinions

Appeal from Jefferson. Tried below before the Hon. H. C. Pedigo. Suit was originally brought in a Justice’s Court of Jefferson, county, by Robert J. Rodgers against appellants, upon an open account. Verdict and judgment there for plaintiff for $110.72, from which defendants gave notice of appeal to the District Court, the civil jurisdiction of the County Court having been transferred in said county.

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Appeal from Jefferson. Tried below before the Hon. H. C. Pedigo. Suit was originally brought in a Justice’s Court of Jefferson, county, by Robert J. Rodgers against appellants, upon an open account. Verdict and judgment there for plaintiff for $110.72, from which defendants gave notice of appeal to the District Court, the civil jurisdiction of the County Court having been transferred in said county. (Acts 16th Leg., 1st Sess., ch. 62, p. 68; Id., ch. 114, p. 125.) The paper filed as an appeal bond, on the appeal to the District Court, was filed and approved by the justice of the peace…

1Opinion of the Court

Moore, Chief Justice.

The first question with which we are met in this case is, wrhether the court has jurisdiction of" *584this appeal. For its proper determination, reference must be had to the origin and history of the case.

In the spring of 1879 the appellee, Robert J. Rodgers, brought suit on an open account against J. M. Pevito and James Mayness, the appellants, before a justice of the peace of Jefferson county, and on the 27th of August, 1879, recovered a judgment against them for the sum of $110.72. From this judgment appellants gave notice of appeal, and on the 9th day of September, 1879,…

2Cited by9 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. CunniganTexas Supreme Court · 1902
  2. Martin v. StateCourt of Criminal Appeals of Texas · 1961
  3. Gulf, Colorado & Santa Fe Railway Co. v. WerchanCourt of Appeals of Texas · 1893
  4. Johnson v. StateCourt of Appeals of Texas · 1888
  5. Allen v. HallCourt of Appeals of Texas · 1901

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