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Linn Motor v. Sabine Develop

Court of Civil Appeals of Texas, Beaumont
Apr 6, 1939
127 S.W.2d 502 (Tex. Civ. App. 1939)

Opinion

No. 3439.

April 6, 1939.

Appeal from Jefferson County Court at Law; C. N. Ellis, Judge.

Action by the Linn Motor Company against the Sabine Development Company on a promissory note exceeding $1,000, wherein defendant asked for $300 damages. From a judgment of the county court in favor of defendant for the amount claimed, plaintiff appeals.

Reversed and case dismissed.

George Sonfield, of Beaumont, for appellant (on appeal only).

Fred A. White, of Port Arthur, for appellee.


This appeal was prosecuted from the County Court of Jefferson County, at Law, Jefferson County. Appellant's demand, as plaintiff, on a promissory note, against appellee, as defendant, exceeded $1,000. Appellee answered by pleas of general demurrer, general denial, fraud, cancellation of the note sued upon, and for $300 damages. On trial to a jury, judgment was for appellee for the relief prayed for. Since the amount in controversy exceeded the jurisdiction of the County Court, the judgment of the lower court must be reversed and the case dismissed. Constitution of Texas, Art. 5, sec. 16, Vernon's Ann.St. The dismissal will be at cost of appellant. Consumers' Fertilizer Company v. J. M. Badt Co., Tex. Civ. App. 157 S.W. 226; Murray v. Snodgrass, Tex. Civ. App. 71 S.W.2d 1110; Wadsworth v. Chick, Administrator, 55 Tex. 241; Beaumont Majestic Company v. Berwick, Tex. Civ. App. 87 S.W.2d 1116; Griffay v. Robbins, Tex. Civ. App. 91 S.W.2d 1160; North Texas Coach Co. v. Morten, Tex. Civ. App. 92 S.W.2d 263; Janes v. Busby, Tex. Civ. App. 93 S.W.2d 788.

Judgment reversed and the case dismissed.


Summaries of

Linn Motor v. Sabine Develop

Court of Civil Appeals of Texas, Beaumont
Apr 6, 1939
127 S.W.2d 502 (Tex. Civ. App. 1939)
Case details for

Linn Motor v. Sabine Develop

Case Details

Full title:LINN MOTOR CO. v. SABINE DEVELOPMENT CO

Court:Court of Civil Appeals of Texas, Beaumont

Date published: Apr 6, 1939

Citations

127 S.W.2d 502 (Tex. Civ. App. 1939)