Smith Bros. v. Hardin
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. William H. Burkhart. Suit begun by appellees on the twenty-sixth day of January, 1886, by filing an original petition in the county court of Brazoria county setting up the execution by appellants of a check for three hundred dollars sued upon in favor of one Brinkley, who was made a party defendant with appellants; the endorsement of check by Brinkley to appellees; the exercise of due diligence by them in presentation of same…
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Appeal from Brazoria. Tried below before the Hon. William H. Burkhart. Suit begun by appellees on the twenty-sixth day of January, 1886, by filing an original petition in the county court of Brazoria county setting up the execution by appellants of a check for three hundred dollars sued upon in favor of one Brinkley, who was made a party defendant with appellants; the endorsement of check by Brinkley to appellees; the exercise of due diligence by them in presentation of same for payment to the City Bank of Houston, upon which it was drawn; that payment was refused; the protest by a notary…
1Opinion of the Court
Willie, Chief Justice.
There is nothing in the Constitution forbidding a suit, in which the county judge may be disqualified, to be brought in the county court. It gives the district court original jurisdiction of such causes, but does not take jurisdiction from the county court; for it provides for their transfer in case they should have been instituted in that court. This is the proper direction for such suits to take, if brought in the county court when its judge is disqualified. When this is done, the original jurisdiction of the district court attaches immediately, and the cause proceeds…
2Cited by5 opinions
- Cleveland v. TuftsTexas Supreme Court · 1888
- Freeman v. BryantSupreme Court of Oklahoma · 1919
- Franco-Texan Land Co. v. HoweCourt of Appeals of Texas · 1893
- Morris v. ForeakerCourt of Appeals of Texas · 1889
- Noble v. LongCourt of Appeals of Texas · 1927