Cage v. King
Court of Appeals of Texas
Appeal from Erath County Court; J. B. Keith, Judge. Action by Shelby King against John M. Cage, instituted before a justice of the peace. From a judgment of the justice of the peace in favor of the defendant, entered at the request of the plaintiff, the plaintiff appealed to the county court.
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Appeal from Erath County Court; J. B. Keith, Judge. Action by Shelby King against John M. Cage, instituted before a justice of the peace. From a judgment of the justice of the peace in favor of the defendant, entered at the request of the plaintiff, the plaintiff appealed to the county court. The county court refused to dismiss the appeal upon motion of the defendant, and rendered judgment for the plaintiff for the amount claimed and the costs in both the justice and county courts. From that judgment, the defendant appeals. The plaintiff alleged that the defendant had bought from him a…
1Opinion of the CourtConner, C. J.
[1, 2] Under the construction given to Revised Statutes 1895, art. 1668 (Revised Statutes 1911, art. 2391), by the Supreme Court in the case of T. & P. Ry. Co. v. Wheeler, 99 Tex. 428, 90 S. W. 481, the court properly declined to dismiss the appeal from the justice’s' court, as was urged in appellant’s motion therefor. But under the case cited, as well, also, as the cases of M., K. & T. Ry. Co. v. Milliron, 53 Tex. Civ. App. 325, 115 S. W. 655, and T. & P. Ry. Co. v. Wheeler, 41 Tex. Civ. App. 539, 91 S. W. 234, we think the costs in the county court should have been taxed against appellee.…
2Cases cited3 opinions
- Missouri, Kansas & Texas Railway Co. v. MillironCourt of Appeals of Texas · 1909
- Texas & Pacific Railway Co. v. WheelerTexas Supreme Court · 1906
- Texas & Pacific Railway Co. v. WheelerCourt of Appeals of Texas · 1906
3Cited by3 opinions
- Hall v. McKeeCourt of Appeals of Texas · 1944
- Houston E. & W. T. Ry. Co. v. BarrCourt of Appeals of Texas · 1929
- Houston E. & W. T. Ry. Co. v. BarrCourt of Appeals of Texas · 1929