Fitzpatrick v. Small
Fitzpatrick v. Small
Opinion of the Court
Opinion by
§ 1140. Jurisdiction of county court; injunction. The county judge is authorized by the constitution to issue the writ of injunction, when necessary to the enforcement of the jurisdiction of the county court. It has been held in several cases that the county judge has the
§ 1141. Jurisdiction; improperly seehing to give. It is a well settled rule in this state that if the plaintiff, in stating his demand, do so in such manner as that it appears that he improperly sought to give jurisdiction where it did not rightfully belong, that his case should he dismissed for the want of jurisdiction. [Bridge v. Ballew, 11 Tex. 269; Sherwood v. Douthit, 6 Tex. 224; Austin v. Clapp, 5 Tex. 130; Gouhenant v. Anderson, 20 Tex. 459.]
§ 1142. Damages; exemplary, for wrongful seizure of property. To entitle a party to recover exemplary damages for the wrongful seizure of his property by an officer, the burden is upon such party to establish that the seizure was prompted by ill feeling or improper motive. [Weaver v. Ashcroft, 50 Tex. 427.]
Beversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.