Dockum v. Mercury Ins. Co., 1794-7333.
| Decision Date | 24 January 1940 |
| Docket Number | No. 1794-7333.,1794-7333. |
| Citation | 135 S.W.2d 700 |
| Parties | DOCKUM et ux. v. MERCURY INS. CO. et al. |
| Court | Texas Supreme Court |
C. B. Dockum and wife, plaintiffs in error here, sued Mercury Insurance Company et al., in the district court of Hidalgo County, for damage alleged to have been sustained on account of injury to their residence caused by windstorm about the 5th or 6th of August, 1933. Damage was prayed for in the sum of $500 with interest. The loss was sought to be recovered under a contract of windstorm insurance alleged to have been made with the Dockums orally by Mrs. E. Adams on behalf of the Mercury Insurance Company through the McAllen Insurance Office, or Agency, a few days before the damage occurred.
The trial court's judgment for $200 in favor of plaintiffs was reversed by the Court of Civil Appeals and judgment was there rendered for the defendants. Writ of error was granted upon the conflicts alleged.
Upon a thorough examination of the application for the writ we have concluded it was inadvertently granted.
The suit being for exactly $500 exclusive of interest, is one of which the county court would have exclusive jurisdiction except for the statute providing for the jurisdiction of the district court of the 92nd judicial district (Hidalgo County). Vernon's Texas Civ.St.1936, Art. 199, sec. 92. See in this connection Gulf C. & S. F. R. Co. v. Rambolt, 67 Tex. 654, 4 S.W. 356; Wonderful Workers of the World Benev. Ass'n v. Bookman et al., Tex.Civ.App., 29 S.W.2d 890; Townes Texas Pleading, Sec. ed. pp. 155-6.
The case being one of which "a County Court would have had original * * * jurisdiction to try," the judgment of the Court of Civil Appeals is "conclusive on the law and facts" unless it involves "conflicts between decisions of the Courts of Civil Appeals or between a...
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