Sanders v. Waghalter
Court of Appeals of Texas
Appeal from Hárrison County Court; Geo. L. Huffman, Judge. Action by A. Waghalter against John C. Sanders, Sheriff, and others. Judgment for plaintiff, and defendants appeal. October 3, 1913, the State Bank of Marshall, having a judgment against appellee, had an execution issued thereon for $481.80 and interest from September 23, 1913, at the’ rate of 10 per cent, per annum; that being the part of the judgment then unpaid.
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Appeal from Hárrison County Court; Geo. L. Huffman, Judge. Action by A. Waghalter against John C. Sanders, Sheriff, and others. Judgment for plaintiff, and defendants appeal. October 3, 1913, the State Bank of Marshall, having a judgment against appellee, had an execution issued thereon for $481.80 and interest from September 23, 1913, at the’ rate of 10 per cent, per annum; that being the part of the judgment then unpaid. On the day it was issued the execution was levied on a stock of goods as the property of appellee. Included in the stock were certain shoes, valued at $300, which one…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). In disposing of this appeal it is necessary to refer to only two of the contentions made by appellant.
[1] One of the two is that the court below was without jurisdiction of the suit, because it was for a sum which did not exceed $200, exclusive of $14, which it is asserted was claimed as interest on the $198.70. If it appeared that the recovery sought of the $14 was for interest allowed by the statute, the contention should be sustained. But it will he seen by reference to appellee’s pleadings, set out in the statement above, that his suit was…
2Cases cited2 opinions
- Baker v. SmelserTexas Supreme Court · 1895
- State ex rel. Holliday v. KingIndiana Court of Appeals · 1903
3Cited by3 opinions
- Branscum v. ReeseCourt of Appeals of Texas · 1919
- Kolb v. GersonCourt of Appeals of Texas · 1919
- Acrey v. HensleeCourt of Appeals of Texas · 1955