Snyder v. Porter
Snyder v. Porter
Opinion of the Court
The court, having found correctly under the facts that the appellees were not entitled to enforce the lien claimed, should have proceeded no further in the case. The amount not being of itself sufficient to give the court jurisdiction,
' the only ground upon which the power to retain the case could rest was that the appellees were entitled to foreclose the lien set out in their pleadings. Having failed to establish this right, and there being no other feature in this case that would authorize the court to proceed further, the suit should have been dismissed for want of jurisdiction. Bonner v. Watson, 6 Tex., 173; Girardin v. Dean, 49 Tex., 248.
The judgment is reversed and the cause dismissed.
Beyersed and remanded.
[Opinion delivered May 22, 1883.]
Reference
- Full Case Name
- D. H. Snyder v. Wiley & Porter
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- 1. Jurisdiction. — When suit is brought in the district court to foreclose a lien alleged to exist on land for an amount which of itself would not be sufficient to give that court jurisdiction, and on the trial it is ascertained that no lien exists, the proper practice is to dismiss the cause for want of jurisdiction. 2. Judgment against trustees.— No judgment can be rendered against the trustees of a corporation in their individual character, for the debt of the corporation, unless they have made themselves personally liable therefor; following Dyer v. Sullivan, 18 Tex., 773.