2 Posey 311
Decided July 1, 1885
Texas Commission of Appeals · decided 1885-07-01
Opinion by Delaney, J. Statement.— This was an action for distress for rent brought by appellant to recover the sum of §247. The writ was issued by a justice of the peace and made returnable to the district court. In that court appellant excepted to the petition because it showed on its face that the writ could not legally issue for a larger sum than §147, which was below the jurisdiction of the court.
Decided 1885-07-01
¶1Opinion.— Held, appellant had a lien for the rent in arrears and for current quarter which was in process of becoming due, but not for future periods which had'not commenced. At farthest appellant’s lien would not authorize the issuance of a writ for more than §147, and was below the jurisdiction of the district court. Green v. Bear Bros. & Hirsch, 68 Tex., 628; B. & B. Association v. Cochran, 60 Tex., 620.
¶2There is no error in the judgment, and it is affirmed.
¶3Aeetbmed.