International & G. N. R'y Co. v. Nicholson
Texas Supreme Court
Appeal from Bexar. Tried below before the Hoñ. G; H. Noonan. Suit by Martin Nicholson to recover the value of a bureau and contents, alleged to have been shipped from San Marcos to Galveston and lost by defendant.
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Appeal from Bexar. Tried below before the Hoñ. G; H. Noonan. Suit by Martin Nicholson to recover the value of a bureau and contents, alleged to have been shipped from San Marcos to Galveston and lost by defendant. The goods were valued in the petition at $228.55. The defendant pleaded to the jurisdiction óf the court, on the ground that the matter in controversy amounted to less than $200, and that the plaintiff had falsely and fraudulently alleged the value to be $228.55, exclusive of interest, for the purpose of giving the district court jurisdiction of the case. This plea was verified by…
1Opinion of the Court
Willie, Chief Justice.
— We do not think that any of the assignments of error relating to the ruling of the judge upon the plea to* the jurisdiction of the court are well taken-. There was nothing upon the face of the petition to show that the amount in controversy, was placed at over $200 for the purpose of improperly giving jurisdiction to the district court. On the contrary, the" petition makes out a clear case of jurisdiction by alleging the goods lost to be worth $228.55, and there is nothing in it to show that this was an overvaluation. In such a case, if a defendant wishes to show by…
2Cases cited2 opinions
- Breen v. Texas & Pacific Railway Co.Texas Supreme Court · 1875
- Graham v. RoderTexas Supreme Court · 1849
3Cited by62 opinions
- Brown v. Frontier Theatres, Inc.Texas Supreme Court · 1963
- Crisp v. Security National Insurance CompanyTexas Supreme Court · 1963
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Barker v. Lewis Storage & Transfer Co.Supreme Court of Connecticut · 1905
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