Smith v. Giles & Sheppard

Citations

• 65 Tex. 341
• 1886 Tex. LEXIS 663

Syllabus

<p>1. Jurisdiction—Appeal from justice’s court—Amount in controversy—The law does not confine the right of appeal from the judgment of a justice’s court to cases in which the judgment is greater than $20.00, but gives it, as well, in cases in which the amount in controversy exceeds that sum (R. S., arts, 1165, 1638), and where, in a suit in a justice’s court, the matter in controversy is not only the amount which the plaintiff claims to be owing him by the defendant, but also the right to establish and foreclose a lien on property to satisfy the same, an appeal may be taken and prosecuted, if the property is of greater value than $20.00, although the judgment may be for a less amount.</p> <p>2. Same—The jurisdiction of the several courts is determined, in reference to certain classes of cases, by the value of the matter in controversy; but, in some instances, the word “amount” is used instead of the word “ matter.” These words, however, in the connection in which they are used in the constitution, and in arts. 1165 and 1638, R. S., have the same meaning.</p> <p>3. Cases cited and approved—The cases of Brazoria county v. Calhoun (61 Tex. 223), and Marshall v. Taylor (7 Tex. 235), cited and approved.</p>