Mawthe v. Alexander Crozier & Co.
Texas Supreme Court
Error from Kaufman. Tried below before the Hon. J. G. Eblen, special judge. Suit was brought August 12, 1875, in the District Court of Kaufman county, by Alex. Crozier & Co. against Jacob ¡Mawthe, on a promissory note for $450, of date February 19, 1872, with interest from date, at ten per cent., and executed by defendant. A credit of $361.06, paid September 14,1872, was allowed in the petition. October 5, 1875, defendant pleaded a general demurrer and general denial.
Read the full summary
Error from Kaufman. Tried below before the Hon. J. G. Eblen, special judge. Suit was brought August 12, 1875, in the District Court of Kaufman county, by Alex. Crozier & Co. against Jacob ¡Mawthe, on a promissory note for $450, of date February 19, 1872, with interest from date, at ten per cent., and executed by defendant. A credit of $361.06, paid September 14,1872, was allowed in the petition. October 5, 1875, defendant pleaded a general demurrer and general denial. September 13, 1876, by order of the District Court,, the case was transferred to the Justice’s Court of precinct number one,…
1Opinion of the Court
Moore, Chief Justice.
Upon the face of this transcript, the District Court evidently had neither original nor appellate jurisdiction of this case. "We may unquestionably imagine a state of facts which would have warranted its transfer from the County Court to the District Court; but to justify the District Court in taking jurisdiction of it, and this court in affirming its judgment, these facts, if in truth they exist, should have been in some way incorporated into or shown by the record.
But this has not been done, and, “ as we have to act upon the record as we find it here,” we have no…
2Cases cited1 opinion
- Lane v. DoakTexas Supreme Court · 1877
3Cited by3 opinions
- Chrisman v. GrahamTexas Supreme Court · 1879
- Glasscock v. BarnardCourt of Appeals of Texas · 1910
- Heidenheimer Bros. v. Marx & KempnerCourt of Appeals of Texas · 1881