Southern Express Co. v. Briggs

J. H. O. Briggs brought suit against the Southern Express Company in the justice’s court of the 600th district, G. M., by summons with sworn account attached, dated May 15, 1905, for “seventy pounds of fancy, select, Augusta rattlesnake watermelon seed, at eighty cents per pound, $56.00.” The defendant filed a general and special demurrer to the plaintiff’s summons and bill of particulars, upon the following grounds: (1) Because the court is without jurisdiction in the premises, in this, that it is a suit for a tort, with a waiver of the tort, and a claim asserted for damages in an increased…