From Casetext: Smarter Legal Research

Watts v. Stewart

Court of Civil Appeals of Texas, San Antonio
Mar 13, 1918
201 S.W. 1061 (Tex. Civ. App. 1918)

Opinion

No. 5993.

March 13, 1918.

Appeal from Bexar County Court for Civil Cases; Jno. H. Clark, Judge.

Suit by Carrie B. Stewart against S. J. Watts and another. From a judgment for plaintiff, defendants appeal. Reversed, and cause remanded.

McCollum Burnett, of San Antonio, for appellants.


Carrie B. Stewart sued S. J. Watts and Israella D. Watts on August 23, 1917, for principal, interest, and attorneys' fees due on six notes, the principal of which in the aggregate was $190, but which were credited with $35, and for foreclosure of a chattel mortgage lien on a Ford automobile, given to secure payment of said notes. Judgment was rendered in favor of plaintiff for $175.40.

The petition discloses that the sum sued for is less than $200, and contains no allegation of the value of the mortgaged property. It therefore appears that the petition does not affirmatively allege facts showing that the county court has jurisdiction of the cause of action. Reeves v. Faris, 186 S.W. 772; Marshall v. Stowers Furniture Co., 167 S.W. 230; Glasscock v. Sinks, 185 S.W. 405.

The Judgment is reversed, and the cause remanded.


Summaries of

Watts v. Stewart

Court of Civil Appeals of Texas, San Antonio
Mar 13, 1918
201 S.W. 1061 (Tex. Civ. App. 1918)
Case details for

Watts v. Stewart

Case Details

Full title:WATTS et al. v. STEWART

Court:Court of Civil Appeals of Texas, San Antonio

Date published: Mar 13, 1918

Citations

201 S.W. 1061 (Tex. Civ. App. 1918)

Citing Cases

Stephens v. Collins Piano Co.

As a general rule, a petition in the county court to foreclose a mortgage on personal property may not be…

Henderson v. Glezen

Stricklin v. Arrington (Tex.Civ.App.) 141 S.W. 189; T. N. O. Ry. Co. v. Rucker, 38 Tex. Civ. App. 591, 88…