Fannin County Nat. Bank v. Gross
Court of Appeals of Texas
Appeal from Fannin County Court. Action by J. W. Gross against T. P. Rodgers. Judgment for plaintiff, writ of garnishment issued, and the Fannin County National Bank intervened. Judgment for plaintiff against garnishees, and intervener appeals. The appellee recovered a judgment in the justice court against T. P. Rodgers for $96.-28, with interest and costs, and he procured issuance of a writ of garnishment against Marshall & Lindsey, a copartnership.
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Appeal from Fannin County Court. Action by J. W. Gross against T. P. Rodgers. Judgment for plaintiff, writ of garnishment issued, and the Fannin County National Bank intervened. Judgment for plaintiff against garnishees, and intervener appeals. The appellee recovered a judgment in the justice court against T. P. Rodgers for $96.-28, with interest and costs, and he procured issuance of a writ of garnishment against Marshall & Lindsey, a copartnership. The garnishees answered that they were indebted to the defendant Rodgers in the sum of $133.-15. The appellant bank intervened in the…
1Dissent
I disagree with my Associates only upon the question of jurisdiction. The essential facts upon that issue are clearly stated by Justice LEVY in the opinion of the majority. Subdivision 3 of article 1589 of the Revised Civil Statutes limits the appellate jurisdiction of this court to cases of which the county court has appellate jurisdiction when the judgment or amount in controversy or the judgment rendered shall exceed $100, exclusive of interest and costs. Since a correct judgment cannot be for more than the amount in controversy, the use of the words "or judgment rendered" appears to be…
2Cases cited5 opinions
- Kelly v. GibbsTexas Supreme Court · 1892
- Simmang v. Pennsylvania Fire Insurance Co.Texas Supreme Court · 1908
- Gulf, Colorado & Santa Fe Railway Co. v. CunniganTexas Supreme Court · 1902
- Kreisle v. CampbellTexas Supreme Court · 1896
- Childress v. HarmonCourt of Appeals of Texas · 1915