Legal Opinion

Erwin v. Blanks

Texas Supreme Court

Decided January 15, 1884No. Case No. 1713PublishedCited by 39 opinions

Appeal from Hays. Tried below before the Hon. L. W. Moore. In June, 1881, in a suit then pending in the county court of Hays county, wherein appellants were plaintiffs and J. M. and H. M. Adams were defendants, a writ of attachment was issued andi levied upon certain sheep, which were valued by the sheriff at $500. J. T. Blanks, the appellee, made claim June 14, 1881, by making oath and giving bond.

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Appeal from Hays. Tried below before the Hon. L. W. Moore. In June, 1881, in a suit then pending in the county court of Hays county, wherein appellants were plaintiffs and J. M. and H. M. Adams were defendants, a writ of attachment was issued andi levied upon certain sheep, which were valued by the sheriff at $500. J. T. Blanks, the appellee, made claim June 14, 1881, by making oath and giving bond. The writ with the oath and bond was returned to the county court, but was subsequently transferred to the district court, as it would seem, upon the theory that the county court had no…

1Opinion of the Court

Willie, Chief Justice.

A motion has been filed by the appellee to dismiss this appeal on the ground that the court below had no jurisdiction of the cause. It is a suit for the trial of right to property levied on under attachment and valued at $500; and it is claimed that, in such cases, the county and not the district courts have jurisdiction of the cause.

The provisions of our state constitution, as well as those of the Bevised Statutes, are somewhat in conflict upon this subject. By the eighth section of the fifth article of the constitution jurisdiction is given to the district courts of…

2Cases cited5 opinions

  1. Weight v. HendersonTexas Supreme Court · 1854
  2. Belt v. RaguetTexas Supreme Court · 1864
  3. Wootton v. WheelerTexas Supreme Court · 1858
  4. Osborn v. KoenigheimTexas Supreme Court · 1882
  5. Allen v. RussellTexas Supreme Court · 1857

3Cited by39 opinions

  1. Oakley v. StateCourt of Criminal Appeals of Texas · 1992
  2. City of Austin v. CahillTexas Supreme Court · 1905
  3. Clapp v. StateCourt of Criminal Appeals of Texas · 1982
  4. Lufkin v. City of GalvestonTexas Supreme Court · 1885
  5. State Ex Rel. Peden v. ValentineCourt of Appeals of Texas · 1917

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