Moose v. Missouri, K. & T. Ry. Co. of Texas , 180 S.W. 225 ( 1915 )

PHILLIPS, C. J.

The defendant in error has filed a motion to dismiss the petition for writ of error upon the ground that the jurisdiction of the Court of Civil Appeals over the case is final; the amount in controversy being such as to make the suit cognizable by the county court.

[1, 2] The suit was filed in the district court. It was one for the recovery of damages arising from the destruction of a house by fire. In the petition the damages are laid at $1,000, with interest from the date of the destruction of the house, June 2, 1913. In a suit of this character interest is recoverable only as a part of the damages. Baker v. Smelser, 88 Tex. 26, 29 S. W. 377, 33 L. R. A. 163; Railway Co. v. Rayzor, 172 S. W. 1103. Inclusive of .the interest sued for, the amount in controversy exceeds $1,000, and the case is therefore not one of which the county court would have had jurisdiction.

The motion is overruled.

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