Court of Civil Appeals of Texas, 1920

Rhone v. Russell

Rhone v. Russell
Court of Civil Appeals of Texas · Decided February 28, 1920 · Levy
219 S.W. 1113; 1920 Tex. App. LEXIS 236 (South Western Reporter)

Rhone v. Russell

Opinion of the Court

LEVY, J.

In 'the justice court the plaintiff sued for $50 with 6 per cent, interest from December 1, 1913. On appeal to the *1114 county court tlie plaintiff amended the petition so as to raise the amount in controversy to $80, with 6 per cent, interest from December 1, 1913. This court, we conclude, has no jurisdiction of the appeal in any view of the case. We think it is purely a suit for damages, and the interest is recoverable only for detention of money, and not as a distinct element of damages. It is not a conversion suit, and cannot legally be made one.

The appeal is dismissed.

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