Legal Opinion

International & G. N. R'y Co. v. Nicholson

Texas Supreme Court

Decided May 13, 1884No. Case No. 5031PublishedCited by 62 opinions

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

  1. Breen v. Texas & Pacific Railway Co.Texas Supreme Court · 1875
  2. Graham v. RoderTexas Supreme Court · 1849

3Cited by62 opinions

  1. Brown v. Frontier Theatres, Inc.Texas Supreme Court · 1963
  2. Crisp v. Security National Insurance CompanyTexas Supreme Court · 1963
  3. Wall v. PlattMassachusetts Supreme Judicial Court · 1897
  4. McMahon v. City of DubuqueSupreme Court of Iowa · 1898
  5. Barker v. Lewis Storage & Transfer Co.Supreme Court of Connecticut · 1905

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