Court of Civil Appeals of Texas, 1913

Wilson v. Ford

Wilson v. Ford
Court of Civil Appeals of Texas · Decided May 17, 1913 · Dunklin
159 S.W. 73; 1913 Tex. App. LEXIS 1346 (South Western Reporter)
Wilson v. Ford

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Opinion of the Court

DUNKLIN, J.

This is an appeal from a judgment rendered in favor of Henry Ford against defendant, J. D. Wilson, instituted' in the county court of Wichita county to recover upon certain promissory notes and for a foreclosure of chattel mortgage liens upon several horses and a crop of 150 acres of cotton.

[1] Neither the original nor the supplemental petition, which constituted the pleadings upon which plaintiff relied upon the trial, contains any allegation of the value of the-property upon which a foreclosure of lien was sought. According to the well-settled1 rule, if the value of this property exceeded the sum of $1,000, the county court had no' jurisdiction of plaintiff’s suit.

[2] In the absence of an affirmative showing of jurisdiction of the county court to' hear and determine the controversy, the judgment must be reversed, and the cause remanded; and it is so ordered. Ware v. Clark, 125 S. W. 618; Stricklin v. Arrington & Carter, 141 S. W. 189.

Reversed and remanded.

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