Garrison v. Pacific Exp. Co.
| Decision Date | 16 December 1887 |
| Citation | 6 S.W. 842 |
| Parties | GARRISON v. PACIFIC EXP. CO. |
| Court | Texas Supreme Court |
Appeal from Smith county court; FELIX J. McCORD, Judge.
Action for breach of contract, brought by J. G. Garrison, as receiver, against the Pacific Express Company. Judgment was rendered for the defendant, and plaintiff appeals.
Herndon, Cain & Garrison, for appellant. H. Chilton, for appellee.
This was an action for breach of contract, brought by the appellant against the appellee, in which the damages claimed amounted to exactly $500. Judgment was rendered below for the defendant, and the plaintiff appealed to this court. In Railway Co. v. Rambolt, 67 Tex. 654, 4 S. W. Rep. 356, it was held that the district courts of this state have no jurisdiction of suits where the amount in controversy is exactly $500. Of such actions the county courts have exclusive jurisdiction; and this suit should have been brought in the county court of Smith county. As the district court of Smith county had no jurisdiction of the cause, the judgment below will be reversed, and the suit dismissed.
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...matter in controversy is of the exact value of $500, exclusive of interest. Carroll v. Silk, 70 Tex. 23, 11 S. W. 116; Garrison v. Pac. Exp. Co., 69 Tex. 345, 6 S. W. 842, Const. art. 5, §§ 8 and It follows that unless the plaintiff had the right to maintain her action by next friend, and t......
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...Betterton v. Echols, 85 Tex. 212, 20 S.W. 63; Erwin v. Blanks, 60 Tex. 583; Carney v. Marsalis, 77 Tex. 62, 13 S.W. 636; Garrison v. Express Co., 69 Tex. 345, 6 S.W. 842. But the almost universal holding of the courts on this question is that, where the note or contract specifically fixes t......
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...involved is exactly $500 the district court has not jurisdiction: Railway Co. v. Rambolt, 67 Tex. 654, 4 S. W. 356; Garrison v. Pacific Express Co., 69 Tex. 345, 6 S. W. 842; Carroll v. Silk, 70 Tex. 23, 11 S. W. 116; Lazarus v. Swafford, 15 Tex. Civ. App. 367, 39 S. W. 389. The exception s......
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... ... 63; Erwin v ... Blanks, 60 Tex. 583; Carney v. Marsalis, 77 ... Tex. 62, 13 S.W. 636; Garrison v. Express Co., 69 ... Tex. 345, 6 S.W. 842. But the almost universal holding of the ... courts ... ...