Keils v. Waldron

Decision Date07 June 1951
Docket NumberNo. 2949,2949
Citation240 S.W.2d 788
PartiesKEILS v. WALDRON.
CourtTexas Court of Appeals

A. B. Geppert, Jr., Houston, for appellant.

Williford & Emerson, Fairfield, for appellee.

HALE, Justice.

This is an attempted appeal from a judgment of the County Court of Freestone County finally disposing of an action in forcible detainer without the award of any damages. Art. 3992 of Vernon's Tex.Civ.Stats. provides in substance that such judgment is conclusive of the litigation and that no further appeal shall be allowed. In construing and applying the provisions of the foregoing statute, the courts of this State have held repeatedly that an appeal does not lie from a judgment of the county court disposing of an action in forcible entry or detainer unless damages in excess of $100.00 are awarded. Lane v. Jack, 25 Tex.Civ.App. 496, 61 S.W. 422; Kerlin v. Bassett, Tex.Civ.App., 152 S.W. 526; Delgado v. Chapa, Tex.Civ.App., 173 S.W. 1169; Tibbitts v. Lacy, Tex.Civ.App., 225 S.W. 190; Rose v. Skiles, Tex.Civ.App., 245 S.W. 127; Beacon Lumber Co. v. Brown, Tex.Com.App., 14 S.W.2d 1022; Cox, Inc., v. Knight, Tex.Civ.App., 50 S.W.2d 915; Madison v. Martinez, Tex.Civ.App., 56 S.W.2d 908; Brown v. Grant, Tex.Civ.App., 119 S.W.2d 185.

Because we are of the opinion that this court does not have jurisdiction to review any part of the judgment of which complaint is here made, the attempted appeal must be and it is hereby dismissed.

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5 cases
  • Williamson v. Johnson
    • United States
    • Texas Court of Appeals
    • March 22, 1973
    ...Houston, 1962, writ dism.); Walzel v. Southern Realty Corp., 245 S.W.2d 758 (Tex.Civ.App., Galveston, 1952, mandamus overruled); Keils v. Waldron, 240 S.W.2d 788 (Tex.Civ.App., Waco, 1951, n.w.h.); Gillam v. Baker, 195 S.W.2d 826 (Tex.Civ.App., Galveston, 1946, writ dism.); Madison v. Marti......
  • Hancock v. Board of Tax Assessors of Harris County, 25866
    • United States
    • Georgia Supreme Court
    • July 9, 1970
    ...Co. v. Brown, 14 S.W.2d 1022 (Tex.Com.App., 1929). See also Brown v. Grant, 119 S.W.2d 185 (Tex.Civ.App., 1938); Keils v. Waldron, 240 S.W.2d 788 (Tex.Civ.App., 1951). The condition placed by the General Assembly upon appeals in this statute is imposed equally on both Therefore, the trial c......
  • New Friendship Baptist Church v. Collins
    • United States
    • Texas Court of Appeals
    • March 11, 1970
    ...forcible detainer suit unless the judgment awards damages in excess of $100. That statute controls the motion to dismiss. Keils v. Waldron, Tex.Civ.App., 240 S.W.2d 788, no writ We are of the opinion that this statement is controlling in the instant case. A judgment of dismissal is a perfec......
  • Flowers v. Diamond Oaks Terrace Apartments, 2-83-159-CV
    • United States
    • Texas Court of Appeals
    • April 18, 1984
    ...writ); New Friendship Baptist Church v. Collins, 453 S.W.2d 529, 530 (Tex.Civ.App.--Houston [14th Dist.] 1970, no writ); and Keils v. Waldron, 240 S.W.2d 788, 789 (Tex.Civ.App.--Waco 1951, no writ). An appeal of any other issue is outside the jurisdiction of this Court and must be dismissed......
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