Boudon v. Gilbert

Citations

• 67 Tex. 689
• 4 S.W. 578
• 1887 Tex. LEXIS 947

Syllabus

<p>Pi/EADING.—A counter claim can not be set up in the district court by a defendant in a cause appealed from a justice’s court which was not set up in the justice’s court. If the counter claim exceeded the jurisdiction of a justice of the peace, that fact affords no ground for entertaining it, when urged for the first time in the district court in a case originating before a justice of the peace. The defendant must resort to a suit before some court having jurisdiction of the amount claimed for the enforcement of his rights.</p>