B. Hardeman & Son v. Morgan

Citations

• 48 Tex. 103

Syllabus

<p>1. Damages—Remittitur.—It seems that a remittitur of damages in tort should not discharge a motion for new trial, made upon the ground that the damages were excessive, or improperly given by a jury.</p> <p>2. Jurisdiction of District Court.—Since the adoption of the Constitution of 1876, the District Courts have no power to try causes pending therein, which, by the Constitution, are within the exclusive jurisdiction of justices of the peace.</p> <p>3. Same—Reconvention in attachment suits.—The right to reconvene, in attachment suits for damages, is limited by the jurisdiction of the court in which the plaintiff’s suit is brought, or where it is legally pending when the defendant asserts his demand.</p> <p>4. Same.—A defendant in attachment cannot, after the adoption of the Constitution of 1876, by reconvening, confer jurisdiction upon the District Court, in a case which, by the Constitution, is placed within the exclusive jurisdiction of a justice of the peace.</p>