Smith Bros. Grain Co. v. Jenson

HIGGINS, J. [1] Jenson brought this suit in the county court against H. O. Cantrell, sheriff of Ward county, and Smith Bros. Grain Company, to restrain the enforcement of an execution issued upon a judgment for less than $200 rendered in the justice court. This appeal is prosecuted from a judgment granting the relief sought. The county court has no jurisdiction to enjoin the enforcement of a justice court judgment for less than $200. De Witt County v. Wischkemper, 95 Tex. 435, 67 S. W. 882; Philips v. Sanders, 80 S. W. 567; Lyons Bros. v. Corley, 135 S. W. 603; Staley v. Derden, 57 Tex. Civ. App. 142, 121 S. W. 1136. [2] No briefs have been filed, but the error of the court in assuming jurisdiction is an error in law apparent on the face of the record and necessitates a reversal, though not assigned or briefed. The judgment of the court below is reversed, and judgment here rendered that the suit be dismissed. Reversed and dismissed. Footnotes [1] other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes