Boudon v. Gilbert
Texas Supreme Court
Appeal from Limestone. Tried below before the Hon. L. D. Bradley. This suit by appellant for three hundred dollars, which originated before a justice of the peace, was taken by appeal to the county court. While pending there the counter claim exceeding the jurisdiction of a justice’s court was first presented by defendant. Afterward, by reason of the disqualification of the county judge, the cause was transferred to the district court.
Read the full summary
Appeal from Limestone. Tried below before the Hon. L. D. Bradley. This suit by appellant for three hundred dollars, which originated before a justice of the peace, was taken by appeal to the county court. While pending there the counter claim exceeding the jurisdiction of a justice’s court was first presented by defendant. Afterward, by reason of the disqualification of the county judge, the cause was transferred to the district court. Appellant moved in the district court to strike out appellees’ amended answer, which set up the counter claim referred to in the petition, which was overruled.…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought by the appellant in a justice court, on a note for three hundred dollars executed by appellees, on which a payment of one hundred dollars had been made. The appellees pleaded a failure of consideration, and in reconvention, claimed four hundred dollars, which they urged in so far as necessary in satisfaction of the balance on the note sued for, and for the residue they sought a judgment.
The note was given to secure the purchase money for a stock of horses, sold by the appellant to the appellees, and the grounds of the defense set up were…
2Cited by4 opinions
- S. S. White Dental Manufacturing Co. v. HertzbergTexas Supreme Court · 1899
- Texas Power & Light Co. v. HaleTexas Commission of Appeals · 1926
- Harrold v. BarwiseCourt of Appeals of Texas · 1895
- Dawson v. DuffieCourt of Appeals of Texas · 1917