Johnson v. Gibson Bros.
Court of Appeals of Texas
Appeal from Hopkins County Court; Homer L. Pharr, Judge. Suit in justice court by Gibson Bros, against D. Sims and others, in which Henry Johnson and the Comp State Bank intervened. Prom the judgment rendered by the county court on appeal from a justice court, the interveners appeal.
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Appeal from Hopkins County Court; Homer L. Pharr, Judge. Suit in justice court by Gibson Bros, against D. Sims and others, in which Henry Johnson and the Comp State Bank intervened. Prom the judgment rendered by the county court on appeal from a justice court, the interveners appeal. It appears from the record that the suit was commenced in a justice court by “Gibson Bros.’’ as plaintiffs against “D. Sims et al.” as defendants, and that it was on a promissory note for $107, interest, and attorney’s fees. What the pleadings of the parties wpre does not appear from the transcript of the entries…
1Opinion of the CourtWillson, C. J.
(after stating the facts' as above). [1, 2j Unless the recitals in the appeal bond from the justice court to the county court should be treated as sufficient evidence of the fact, there is nothing in the record sent to this court affirmatively .showing that the county court had jurisdiction of the cause. It has been held that such recital cannot be treated as such evidence. American Soda Fountain Co. v. Mason, 55 Tex. Civ. App. 532, 119 S. W. 714; Consumers’ Fertilizer Co. v. Badt (Tex. Civ. App.) 157 S. W. 226. As this court is without power to review the judgment of the county court unless…
2Cases cited8 opinions
- Wells v. DriskellTexas Supreme Court · 1912
- Patrick v. PierceTexas Supreme Court · 1916
- Ware v. ClarkCourt of Appeals of Texas · 1910
- American Soda Fountain Co. v. MasonCourt of Appeals of Texas · 1909
- Perry v. GreerTexas Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pullin v. ParrishCourt of Appeals of Texas · 1957
- Jacobson v. WoodCourt of Appeals of Texas · 1940
- Nordyke v. JamesCourt of Appeals of Texas · 1925
- Abdo v. TallallosCourt of Appeals of Texas · 1924
- Campbell v. HortonCourt of Appeals of Texas · 1924
1 more not listed; retrieve them via the Exa API.