Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61. Page: 223
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1884.] BRAzorIA COUNTY v. CALHOTN. 223
Opinion of the court.
the claim of the appellees was not barred by the statute, and the
judgment will be reversed and here rendered, that the appellees take
nothing by their action, that the appellant be quieted in his title to
the land in controversy, and that he recover of the appellees the
costs of this court and of the court below. It is accordingly so
ordered.
REVERSED AND REMANDED.
[Opinion delivered February 27, 1884.]
BRAZORIA COUNTY v. B. F. CALHOUi.
(Case No. 1683.)
1. JUTRISDICTION.-An appeal lies from a justice's court when the judgment rendered
is for less than $20, but the matter in controversy is over that amount.
APPEAL from Brazoria. Tried below before the Hon. W. H.
Burkhart.
The opinion states the case.
Johl Balowe, for appellant.
No briefs on file for appellee.
WILLIE, CHIEF JUSTICE.- Only one question is raised by the assignment
of errors, viz.: Does an appeal lie from a justice's court
where the judgment rendered by the justice is for less than $20,
but the matter in controversy is over that amount? The sixteenth
section of the fifth article of our constitution gives the county
court appellate jurisdiction in civil cases, of which justices' courts
have original jurisdiction, when the judgment of the court appealed
from shall exceed $20, exclusive of costs, and in no others. Art.
1165 of the Revised Statutes provides that the county court shall
have appellate jurisdiction in civil cases, over which the justices'
courts have original jurisdiction, when the judgment of the court
appealed from or the amount in controversy shall exceed $20, exclusive
of costs.
By the twenty-second section of the fifth article of the constitution
the legislature is given power by local or general law to increase,
diminish or change the civil or criminal jurisdiction of
county courts; and in case of any such change of jurisdiction the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61., book, 1903; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28513/m1/239/: accessed December 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .