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Yeager v. Houston T. C. Ry. Co.

Court of Civil Appeals of Texas, Austin
Feb 18, 1920
218 S.W. 3 (Tex. Civ. App. 1920)

Summary

In Yeager v. Ry. Co., 156 Iowa 166, 135 N.W. 638, the deceased was a workman, and we allowed a judgment of $9,000 to stand.

Summary of this case from Engle v. Nelson

Opinion

No. 6138.

January 21, 1920. Rehearing Denied February 18, 1920.

Appeal from McLennan County Court; James P. Alexander, Judge.

Suit by James E. Yeager against the Houston Texas Central Railway Company. From a judgment for defendant, plaintiff appeals. Appeal dismissed.

James E. Yeager, of Waco, in pro. per.

A. P. McCormick, of Waco, for appellee.


This suit was for the recovery of one-half of the amount of a fee collected by Hanson Womack as attorney for one Gardner. Gardner had a claim for damages against appellee, which appellee settled for $875. Womack was entitled to and received from Gardner $87.50 for collecting same. Womack had agreed to divide his fee with appellant for assisting him in the matter. This he failed to do. Appellant sued appellee for one-half of said $87.50, on the theory that it should not have paid same to Womack, but should have paid it to appellant.

In addition to seeking to recover one-half of $87.50, he alleged that, in settling with Womack, appellee conspired with him to beat appellant out of his fee, to appellant's damage in the sum of $100. No unlawful or tortious act on the part of appellee is alleged. Such being the case, this was a suit for an amount less than $100, for which reason this court is without appellate jurisdiction. Gibson v. Hotel, 198 S.W. 413.

For the reason stated, the appeal herein is dismissed.

Dismissed.


Summaries of

Yeager v. Houston T. C. Ry. Co.

Court of Civil Appeals of Texas, Austin
Feb 18, 1920
218 S.W. 3 (Tex. Civ. App. 1920)

In Yeager v. Ry. Co., 156 Iowa 166, 135 N.W. 638, the deceased was a workman, and we allowed a judgment of $9,000 to stand.

Summary of this case from Engle v. Nelson
Case details for

Yeager v. Houston T. C. Ry. Co.

Case Details

Full title:YEAGER v. HOUSTON T. C. RY. CO

Court:Court of Civil Appeals of Texas, Austin

Date published: Feb 18, 1920

Citations

218 S.W. 3 (Tex. Civ. App. 1920)

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