Timmins v. Bonner & Long

Citations

• 58 Tex. 554
• 1 Tex. L. R. 896
• 1883 Tex. LEXIS 65

Syllabus

<p>1. Jurisdiction.— The constitution does not confer on the county courts, sitting in probate, jurisdiction over a claim by the former ward against the sureties on a guardian’s bond, for which judgment had already been rendered against the former guardian.</p> <p>2. Same.— The district court alone had jurisdiction, and the legislature had no power to confer upon county courts, as courts of probate, any jurisdiction not conferred upon them by the constitution.</p> <p>3. Same.— If the court a quo had no jurisdiction, an appeal cannot be entertained, although the court to which the appeal has been taken may have original jurisdiction of the question. When such an appeal has been taken from a probate court, having no jurisdiction, to the district court, which would have had original jurisdiction, and from its judgment an appeal is taken to the supreme court, the case will be dismissed.</p> <p>4. Statutes construed.— Arts. 2695 and 2696 of the Revised Statutes construed</p>