Rhone v. Russell

Decided February 28, 1920

Court of Appeals of Texas · decided 1920-02-28

<p>Appeal and error <&wkey;65 — No jurisdiction OF appeal involving damages OF $80 AND INTEREST.</p> <p>The appellate court has no jurisdiction of an appeal from the county court in a suit originating in justice court for $80 damages and interest; interest being recoverable only for detention of money, and not as a distinct element of damages.</p>

Appeal dismissed · Decided 1920-02-28

LEVY, J.

¶1 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.

¶2 The appeal is dismissed.

¶3 feoFor other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes