Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 75
1875.] NICHOLS V. SNOW. 75
Opinion of the court.
We do not find any error in the action of the court
overruling plaintiff's demurrer to defendant's amended
answers, or in sustaining the demurrers of defendant to
plaintiff's amended petitions.
The plaintiff, in her original petition, claimed that a portion
of the property levied on was her homestead, and that
the judgments were dormant. The injunctionwas perpetuated,
and the plaintiff, by amended petition, in October,
1870, set up a new cause of action, and sought to open
judgments rendered against her more than two years before,
the exhibits showing her to be a party to the proceedings
personally, and likewise represented by counsel. That
appellant's claim, in the settlement by the so-called arbitration,
may have been overlooked or under-estimated, is
more than probable.
The District Court was, however, open to her, and she
might have availed herself of the relief which it would
have afforded her, had she sought it within the time prescribed
by law. The facts stated in her amended pleadings
might have been available in another mode of proceeding,
but do not authorize an inquiry into those proceedings in
the County Court in the present suit. It is, however, contended
by appellant that the judgments are void by reason
of want of jurisdiction in the County Court, and in support
of this our attention is called to the fact that the arbitrators
made their award to the Court, showing plaintiff
to be indebted to defendant $858.21, and, therefore, it was
an amount exceeding the jurisdiction of the County Court.
The act organizing the County Courts limited their jurisdiction
as to the amount in controversy to a sum not exceeding
five hundred dollars, exclusive of interest, (Pas.
Dig., art. 6068.) The defendant had commenced in the
County Court three suits against appellant, at the April
term, 1867, on two notes and an account, the first one for
$296, dated August 11, 1860, the other on a note for
$300, dated August 11, 1860, the first note bearing ten per
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/83/ocr/: accessed August 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .