Legal Opinion · Concurring in part, dissenting in part

Clark v. El Paso County Water Improvement District No. 1

Court of Appeals of Texas

Decided May 26, 1927No. 2033Published

1Concurring in part, dissenting in partHiggins, J.

It is very clear that plaintiffs by suing to recover their damages in the sum of $1,000, with interest from March 1, 1924, to the date of trial and judgment, thereby lfiaced in controversy an amount beyond the jurisdiction of the county court at law. McDaniel v. National, etc., 112 Tex. 54, 244 S. W. 135; Pecos & N. T. Ry. v. Rayzor, 106 Tex. 544, 172 S. W. 1103; International & G. N. Ry. v. Lyon, 112 Tex. 30, 243 S. W. 973; Holman v. Ward (Tex. Com. App.) 288 S. W. 148.

The court, therefore; erred in undertaking to dispose of this case upon its merits. Its error in so doing is fundamental and…

2Cases cited18 opinions

  1. Pecos & Northern Texas Railway Co. v. RayzorTexas Supreme Court · 1915
  2. Isbell v. Kenyon-Warner Dredging Co.Texas Supreme Court · 1924
  3. Ware v. ClarkCourt of Appeals of Texas · 1910
  4. Baker v. ChisholmTexas Supreme Court · 1848
  5. McDaniel v. National Steam Laundry Co.Texas Supreme Court · 1922

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