Smith v. Giles & Sheppard
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. W. H. Ford. This suit was originally instituted in the justice’s court, precinct Ho. 1, of Jefferson county, March 2, 1885, by George P. Smith, on an open account showing a balance of $14.00 due him, for labor performed in the building of a certain boat, against James Ingalls, Jr., as being individually liable therefor.
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Appeal from Jefferson. Tried below before the Hon. W. H. Ford. This suit was originally instituted in the justice’s court, precinct Ho. 1, of Jefferson county, March 2, 1885, by George P. Smith, on an open account showing a balance of $14.00 due him, for labor performed in the building of a certain boat, against James Ingalls, Jr., as being individually liable therefor. Plaintiff also sought to foreclose his laborer’s lien under article 3180, Revised Statutes, and for that purpose made the firm of Giles & Sheppard, composed of M. C. Giles and G. B. Wells, parties defendant In the justice’s…
1Opinion of the Court
Stayton, Associate Justice.
There being no county court in Jefferson county, with civil jurisdiction, an appeal might be prosecuted from a justice’s court to the district court, under the same rules and regulations as to a county court, had there been one with civil jurisdiction in the county. Const., art. 5, sec. 22; Gen. Laws 1879. It is contended that, as the judgment in this case was for only $14.00, an appeal would not lie from the justice’s court.
This would be true if the sole matter in controversy was only that sum. This question was considered in the case of Brazoria county v. Calhoun,…
2Cases cited2 opinions
- Marshall v. TaylorTexas Supreme Court · 1851
- Brazoria County v. CalhounTexas Supreme Court · 1884
3Cited by13 opinions
- Austin Real Estate & Abstract Co. v. BahnTexas Supreme Court · 1895
- Texas & New Orleans Ry. Co. v. RuckerCourt of Appeals of Texas · 1905
- Lawson v. LynchCourt of Appeals of Texas · 1895
- Ball v. BeatyCourt of Appeals of Texas · 1917
- Manire v. WilkinsonCourt of Appeals of Texas · 1911
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