Court of Civil Appeals of Texas, 1915

Smith Bros. Grain Co. v. Jenson

Smith Bros. Grain Co. v. Jenson
Court of Civil Appeals of Texas · Decided March 25, 1915 · Higgins
174 S.W. 981; 1915 Tex. App. LEXIS 308 (South Western Reporter)

Smith Bros. Grain Co. v. Jenson

Opinion of the Court

HIGGINS, J.

[1] Jenson brought this suit in the county court against H. O. Cantrell, sheriff of Ward county, and Smith Bros. Grain Company, to restrain the enforcement of an execution issued upon a judgment for less than $200 rendered in the justice court. This appeal is prosecuted from a judgment granting the relief sought. The county court has no jurisdiction to enjoin the enforcement of a justice court judgment for less than $200. De Witt County v. Wischkemper, 95 Tex. 435, 67 S. W. 882; Philips v. Sanders, 80 S. W. 567; Lyons Bros. v. Corley, 135 S. W. 603; Staley v. Derden, 57 Tex. Civ. App. 142, 121 S. W. 1136.

[2] No briefs have been filed, but the error of the court in assuming jurisdiction is an error in law apparent on the face of the record and necessitates a reversal, though not assigned or briefed.

The judgment of the court below is reversed, and judgment here rendered that the suit be dismissed.

Reversed and dismissed.

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