Miller v. City Bank
Miller v. City Bank
Opinion of the Court
Opinion by
§ 1287. Jurisdiction; on appeal the record must affirmatively show; where court a quo had none, appellate court does not acquire any. On appeal from the county court to the court of appeals the record must affirmatively show that the county, court had jurisdiction of the cause, and how that jurisdiction was acquired. The court of appeals cannot ascertain the jurisdiction of the county court aliunde the record. [Chrisman v. Graham, 51 Tex. 454.] If the county court had no jurisdiction the court of appeals can acquire none by the appeal. [Horan v. Wahrenberger, 9 Tex. 313; 3 Tex. 157; 4 Tex. 223; 6 Tex. 263.] The record in this case showed that the county court did not have original jurisdiction of the
Dismissed for want of jurisdiction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.