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8 Tex. 283

Ferguson v. Culton

Texas Supreme Court

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

<p>Where a creditor has several notes against the samo debtor, though they bo all due and in the.-samo right, being each within the jurisdiction of a jnsti»*o of the penco, but in the aggregate exceeding thatjurisdiction,a*suitmay bo brought before ajnstiee of the peace upocD each ol them, or a suit may be brought upon thorn in the aggregate in the District Court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

How this case has been cited

Cited by 5 later decisions — most recently June 1973

1 district · 4 state decisions

201852186018701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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IIemuíiill, Cu. J.

¶1Tlfe only question.raised upon the motion to dismiss-this certiorari is whether the three notes in controversy, being between the same parties and in the same right, and being eaeli within the jurisdiction of a justice of tlie peace, but in the'aggregate exceeding that jurisdiction, must he consolidated and suit brought upon them in the District Court, or whether they may be sued upon separately before the justice of (.lie peace.

¶2There can be no doubt that the suit was properly brought before the magistrate, and (here can be as little that the plaintiff at his option might have sued upon (hem in the aggregate in the District Court. The point is too plain to require illustration or authority. Judgment dismissing the writ of certiorari-affirmed.

¶3Judgment affirmed.

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