Legal Opinion

Lundell v. Griesenbeck

Court of Appeals of Texas

Decided March 8, 1922No. 6715PublishedCited by 1 opinion

Appeal from Bastrop County Court; J. B. Price, Judge. Action by H. O. Griesenbeck against J. C. Lundell. From judgment for plaintiff before justice, defendant appealed to the county court. Modified and affirmed, and defendant appeals.

1Opinion of the CourtFly, C. J.

This suit originated in the justice’s court, and the transcript of the record of the justice of the peace as well as the verified account show that the action was for $120.43. There is nothing in the transcript nor the account to indicate that any other sum is claimed, although in the citation it is stated that the claim was for $210.43; the sum of $100 being for damages. The justice of the peace rendered a judgment for $120.43 against appellant, the amount of the account. On appeal to the county court, judgment was against appellant for $85.30.

The suit was based on an open account, appellant…

2Cases cited3 opinions

  1. Rector v. Orange Rice Mill Co.Texas Supreme Court · 1907
  2. Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1892
  3. Wooley v. CorleyCourt of Appeals of Texas · 1909

3Cited by1 opinion

  1. Summit v. HiltonCourt of Appeals of Texas · 1928

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