Hoffman v. Cleburne Building & Loan Ass'n
Texas Supreme Court
On Cebtificate under section 35 of Act of April 13, 1892, organizing Courts of Civil Appeals, page 31. From Court of Civil Appeals, Second District, in a case on appeal from District Court of Johnson County. The opinion gives a full statement of the facts and issues submitted.
1Opinion of the Court
HENRY, Associate Justice.
This case comes before us upon a certificate of the presiding judge of the Court of Civil Appeals of the Second Supreme Judicial District, presenting the following issue of law:
“ Where the petition alleges an amount within the jurisdiction of the court, and the defendant pleads that the real amount in controversy is less than such jurisdiction, and has been fraudulently alleged at such greater sum for the purpose of conferring jurisdiction of the case upon such court, is it necessary that such plea be filed before an answer to the merits, or is it sufficient that this…
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