Tidball v. Eichoff

Citations

• 66 Tex. 58
• 17 S.W. 263
• 1886 Tex. LEXIS 440

Syllabus

<p>1. Jurisdiction—Amount in controversy—Petition—Jurisdiction, when dependent upon the matter or amount in controversy, must be determined by the petition, and that question is concluded by its averments, in so far as they state facts in relation to the thing in controversy, unless it otherwise appears that the plaintiff, in framing his petition, improperly sought to give jurisdiction. (Dwyer». Bassett & Bassett, 63 Tex., 274.)</p> <p>2. Same—Practice—If items are fraudulently included in a petition, for the purpose of giving the court a jurisdiction to which it is not entitled, this should be pleaded and made an issue in the case.</p> <p>3. Intervenor’s bond—Liability—Consent—It is not necessary for the obligee on an intervener’s bond, executed for the purpose of staying money in the hands of the court, to have consented to its execution in order to recover on it.</p>