Brinegar v. Henderson Hardware Co.

On Motion for Rehearing.

Appellee urges that our holding is in conflict with those in:

1. Olloqui v. Duran (Tex.Civ.App.) 60 S.W.(2d) 808, 809, that “In a suit to foreclose a chattel mortgage, it is not essential that the value of the property be shown to confer jurisdiction, but in order to oust the court of such jurisdiction, it is essential to affirmatively show that the amount in controversy exceeds its jurisdictional amount.”

2. Clonts v. Johnson, 116 Tex. 489, 294 S.W. 844, 846, to the effect that since pleadings may be oral as well as written in the justice court, and in appeals therefrom…