Legal Opinion

King Collie Co. v. Dunn

Court of Appeals of Texas

Decided April 6, 1912PublishedCited by 2 opinions

Appeal from Clay County Court; W. T. Allen, Judge. Action by J. T. Dunn and others against King Collie & Company, begun in the justice’s court and appealed to the county court. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtDunklin, J.

This suit was instituted upon an account for $198.14. The account and some of the written pleadings bear the file mark of a justice of the peace, but the judgment from which this appeal is prosecuted was rendered by the county court, while the record before us contains no transcript from the justice’s court and no statutory evidence that the suit was appealed to the county court. In their briefs filed here counsel for both appellant and appel-lees assert that the suit originated in the justice’s court; that plaintiff recovered a judgment there for $198.14 less a remittitur of $28.80, which…

2Cases cited3 opinions

  1. Ware v. ClarkCourt of Appeals of Texas · 1910
  2. American Soda Fountain Co. v. MasonCourt of Appeals of Texas · 1909
  3. Atchison, T. & S. F. Ry. Co. v. MooreCourt of Appeals of Texas · 1911

3Cited by2 opinions

  1. James McCord Co. v. ReaCourt of Appeals of Texas · 1915
  2. Indian Territory Illuminating Oil Co. v. RainwaterCourt of Appeals of Texas · 1940

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