Sherwood v. Douthit
Texas Supreme Court
Error from Bowie. The plaintiff in error sued the defendant in error in the District Court to recover the contents of a promissory note for the payment of ten dollars, and for work and labor alleged to be of the value of one hundred and thirty dollars. The plaintiff filed with the petition an account specifying tiie character and amount of his demand for work and labor. No answer aj> pears to have been filed.
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Error from Bowie. The plaintiff in error sued the defendant in error in the District Court to recover the contents of a promissory note for the payment of ten dollars, and for work and labor alleged to be of the value of one hundred and thirty dollars. The plaintiff filed with the petition an account specifying tiie character and amount of his demand for work and labor. No answer aj> pears to have been filed. The parties appeared and submitted tiie case to a jury, who returned a verdict for the plaintiff for the amount of the note sued on, with interest, and the further amount oE seventeen…
1Opinion of the CourtWheeler, J.
The only question is whether the court had jurisdiction to give judgment for the plaintiff upon the verdict, it being for an amount less than one hundred dollars.
The plaintiff’s demand as set forth in his petition, and not the amount of the verdict, is in general the criterion by which to determine the question of jurisdiction. Where the plaintiff sues for an amount within the jurisdiction of the court, and there is no plea to the jurisdiction, the court may give judgment, though the jury return a verdict for a less sum than that which was requisite to give jurisdiction, unless it appear that…
2Cited by8 opinions
- Dwyer v. Bassett & BassettTexas Supreme Court · 1885
- Roberts v. WimberlyTexas Supreme Court · 1874
- Hoffman v. Cleburne Building & Loan Ass'nTexas Supreme Court · 1893
- Humble Oil & Refining Co. v. JeffreyCourt of Appeals of Texas · 1931
- Collins v. WarrenTexas Supreme Court · 1885
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