Court of Civil Appeals of Texas, 1932

Myers v. Flewellen

Myers v. Flewellen
Court of Civil Appeals of Texas · Decided March 10, 1932 · Willson
47 S.W.2d 657; 1932 Tex. App. LEXIS 209 (South Western Reporter, Second Series)

Myers v. Flewellen

Opinion of the Court

WILLSON, O. J.

(after stating the case as above).

The contention that .the suit being, as shown by appellees’ petition, for sums aggregating more than $1,000, the court below was without power to hear and determine it, must be sustained. When jurisdiction depends, as here, upon the “amount in controversy,” such amount is the aggregate of the sums claimed in the petition. Isbell v. Dredging Co., 113 Tex. 528, 261 S. W. 762; Security Co. v. Bank, 93 Tex. 575, 57 S. W. 22; Rust v. Ry. Co., 107 Tex. 385, 180 S. W. 95. The aggregate of the sum claimed in ap-pellees’ petition was $2,300. The county court was without power to hear and determine a suit in which the amount in controversy was greater than $1,000. R. S. 1925, arts. 1949,1950.

The judgment will be reversed, and the cause will be remanded to the court below, with instructions to dismiss same.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.