Daugherty v. Daugherty

Decided March 9, 1912

Court of Appeals of Texas · decided 1912-03-09

<p>Appeal from Rains County Court; O. H. Rodes, Judge.</p> <p>Action between Henry H. Daugherty and H. F. Daugherty. From the judgment Henry H. Daugherty appeals.</p>

Cited by 2 later decisions — most recently January 1913

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1912-03-09

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TALBOT, J.

¶1 [1] This case originated in the justice court, and there is nothing in the record showing how it reached the county court. This being true, jurisdiction of the county court to hear and determine the cause, the amount in controversy being insufficient to confer original jurisdiction upon that court, does not appear, and this court has no jurisdiction, and the appeal must be dismissed.

¶2 [2] Again, the record shows that the defendant filed a plea in reeonvention in the county court, seeking to recover damages in the sum of $175 against the plaintiff, and the judgment of the court fails to dispose of the issues presented by this plea.

¶3 The judgment is not therefore final, and for this reason the appeal must be dismissed.