Dwyer v. Bassett & Bassett
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. The petition by appellees alleged that the defendant, in making payment of a debt due by him to the plaintiffs, delivered to plaintiffs a package of money, which he falsely represented to them to contain $1,000, but which in fact contained only $500, and that the plaintiffs, trusting to his representation, and being misled thereby, accepted it as $1,000, and surrendered up to the defendant certain…
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. The petition by appellees alleged that the defendant, in making payment of a debt due by him to the plaintiffs, delivered to plaintiffs a package of money, which he falsely represented to them to contain $1,000, but which in fact contained only $500, and that the plaintiffs, trusting to his representation, and being misled thereby, accepted it as $1,000, and surrendered up to the defendant certain securities which they held for his debt, whereby they were defrauded of the sum of $500; that upon discovering the mistake they…
1Opinion of the Court
Stayton, Associate Justice.
The petition in this case stated a cause of action within the jurisdiction of the district court, even if it be true, as contended by appellant, that, in order to give jurisdiction to that court, the matter or amount in controversy must exceed in value the sum of $500.
It therefore becomes unnecessary to consider the different provisions of the constitution regulating and determining the jurisdiction thereby conferred on the county and district courts, respectively.
Jurisdiction, in so far as matter or amount in value in controversy is concerned, must be determined by…
2Cases cited13 opinions
- Cheatham v. RiddleTexas Supreme Court · 1854
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Marshall v. TaylorTexas Supreme Court · 1851
- State Insurance v. MeesmanWashington Supreme Court · 1891
- Tarbox v. KennonTexas Supreme Court · 1848
8 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Peek v. Equipment Service Co. of San AntonioTexas Supreme Court · 1989
- Booth v. Texas Employers' InsuranceTexas Supreme Court · 1938
- Houston East & West Texas Railway Co. v. RunnelsTexas Supreme Court · 1898
- Clonts v. JohnsonTexas Supreme Court · 1927
- Pecos & Northern Texas Railway Co. v. RayzorTexas Supreme Court · 1915
62 more not listed; retrieve them via the Exa API.