Maxwell v. Dorizas

O’QUINN, J. We gather from the statement of the nature and result of the suit in counsel’s brief that this suit originated in a justice court, where appellant sued appellees to recover on a series of seven notes executed by Dorizas, amounting to $130, together with interest and attorney’s fees. Judgment was had in the county court on appeal against defendant Dorizas for $143, and his codefend-ant, J. C. MeCane, was discharged with his costs. This appeal is from that judgment. The record contains no transcript of the proceedings in the justice court. There is nothing to show that the cause was- ever filed in the justice court, or any action therein had. Article 2459 (2396 — 97), Revised Civil Statutes 1925, requires the justice of the peace, when an appeal has been perfected, to make out a true and correct copy of all the entries on his docket in the cause, and certify thereto officially, and transmit same, together with a certified copy of the bill of costs and the original papers in the cause, to the clerk of the county court. ' If a judgment of any kind was rendered in the justice’s court, the record does not show it, and we are without means of knowing that any final action was had in the justice court. The record contains nothing to show that cause was ever in the justice court, and we cannot presume that such was the case, nor can we presume that the county court had jurisdiction of the cause on appeal. If there was anything in the record indicating that the cause was first tried in the justice court, and an appeal taken therefrom to the county court, we would reverse the judgment and remand the cause to the county court, with instructions to dismiss, unless its jurisdiction was. properly made to appear. Perry v. Greer, 110 Tex. 549, 221 S. W. 931. But as there is nothing to indicate that the cause originated in or was tried in the justice court, and the case involving a less amount than the county court has original, jurisdiction, we have no alternative than to dismiss the appeal. Abdo v. Tallallos (Tex. Civ. App.) 258 S. W. 499; Wells v. Driskell (Tex. Civ. App.) 131 S. W. 87; American Soda Fountain Co. v. Mason, 55 Tex. Civ. App. 532, 119 S. W. 714. Appeal dismissed.