Opinion
No. 6502.
Decided May 13, 1936.
Automobile — Pleading — Sequestration — Affidavit — Jurisdiction.
The petition containing no allegation as to value of the automobile sued for, an affidavit for sequestration, filed same day fixing a value thereon, was insufficient to confer jurisdiction upon county court, although amount fixed was within its jurisdiction.
Error to the Court of Civil Appeals for the Second District, in an appeal from Tarrant County.
Suit by Mrs. Vera and others to recover on promissory note of D. V. Brooks Company. Judgment of trial court in favor of plaintiffs was reversed by the Court of Civil Appeals ( 58 S.W.2d 1061) and plaintiffs have brought error to the Supreme Court.
The case was referred to the Commission of Appeals, Section B, for their opinion thereon and the Supreme Court adopted same and ordered judgment entered in accordance therewith.
Judgment of Court of Civil Appeals affirmed.
Dawson H. Davis and Homer B. Green, both of Fort Worth, for plaintiffs in error.
George E. Miller, of Fort Worth, for defendant in error.
Plaintiffs in error sued defendant in error in the County Court at Law of Tarrant County to recover $257.00 due upon several promissory notes, with interest and attorney's fees, and for foreclosure of a chattel mortgage on an automobile given to secure the notes. The petition contained no allegation of the value of the automobile, but its value, in an amount within the court's jurisdiction, was stated in an affidavit for sequestration filed by the plaintiffs on the day the suit was filed. The Court of Civil Appeals reversed the trial court's judgment in favor of the plaintiffs and remanded the cause. 58 S.W.2d 1061. The question presented is the same as that this day decided in Mrs. C. B. Brown et al. v. C. C. Peters, a companion case (ante, p. 300). The judgment of the Court of Civil Appeals is affirmed.
Opinion adopted by the Supreme Court May 13, 1936.