Wetzel v. L. Simon & Co.
Texas Supreme Court
Error to Court of Civil Appeals for Third District, in an appeal from Hays County. The instrument construed in the opinion is as follows: “State of Texas, County of Says.—Know all men by these presents, that whereas I am indebted to divers persons and firms in different sums of money, which will be shown by an inventory annexed hereto and marked 'Exhibit A;’ and whereas I am insolvent and unable to pay said debts in full.
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Error to Court of Civil Appeals for Third District, in an appeal from Hays County. The instrument construed in the opinion is as follows: “State of Texas, County of Says.—Know all men by these presents, that whereas I am indebted to divers persons and firms in different sums of money, which will be shown by an inventory annexed hereto and marked 'Exhibit A;’ and whereas I am insolvent and unable to pay said debts in full. "How therefore I, Mrs. B. Wise, of said county and State, in consideration of the sum of ten dollars, paid by Charles Wetzel, the receipt of which is hereby fully…
1Opinion
The cases cited by counsel for appellant upon the argument settle the question of jurisdiction in this case. Erwin v. Blanks, 60 Tex. 583; Carney v. Marsalis,77 Tex. 62; Betterson v. Echols, 85 Tex. 214 [85 Tex. 214]. These decisions had escaped our memory when we referred the question back for argument. Since it is there held that the County Court under the Constitution did not have jurisdiction of a proceeding for the trial of the right of property when the value of the property levied upon amounted to or exceeded $500, this court has jurisdiction of this case.
In his affidavit the plaintiff…
2Cases cited12 opinions
- Heffron v. PollardTexas Supreme Court · 1889
- Erwin v. BlanksTexas Supreme Court · 1884
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Coffin v. DouglassTexas Supreme Court · 1884
- Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
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