Ford v. Johnston
Court of Appeals of Texas
Appeal, from Bowie County Court; Lee Tidwell, Judge. Action by Edward Johnston against C. E. Ford and another in justice court. From a judgment for plaintiff, defendant Ford appealed to the county court. The appeal was dismissed; and he again appeals.
1Opinion
On Rehearing.
[2] The statement of the case made in the briefs failed to mention that the defendant C. E. Ford sued on a counterclaim against the plaintiff, Johnston, for $113. As a consequence we were misled as to the record. There was error in dismissing this appeal for want of jurisdiction, and the former judgment is here set aside. The counterclaim sought here to have judgment for confers jurisdiction over the case.
[3] The county judge, on motion of appellee, dismissed the appeal from the justice court, on the ground that the affidavit in lieu of appeal bond was not sufficient in form to…
2Cases cited3 opinions
- Landa v. HeermannTexas Supreme Court · 1892
- Womack & Sturgis v. GardnerCourt of Appeals of Texas · 1895
- Hodde v. SusanTexas Supreme Court · 1885