Ford v. Johnston , 1914 Tex. App. LEXIS 1226 ( 1914 )

LEW, J.

Appellee brought suit in the justice court against C. E. Ford and J. C. Parrish. According to the record the nature of the suit is described as being a suit by the plaintiff against C. E. Ford to recover on a promissory note executed by Ford for $75, with 10 per cent, interest, and to foreclose a chattel mortgage on cattle, alleged to be of the value of $100, given by Ford to secure the payment of the note, and against Parrish for conversion of a part of the mortgaged property. Judgment was entered on the verdict of the jury in favor of the plaintiff against Ford and Parrish, and with foreclosure of the mortgage, and in favor of Parrish against Ford for the value of the four head of mortgaged cattle bought by Parrish. C. E. Ford undertook to appeal to the county court from the judgment on an affidavit of inability to pay the cost of appeal, or give security therefor. The county court dismissed the appeal on motion of the appellee, and the case is in this court to revise the ruling of the county court.

[1] As neither the debt nor the alleged value of the mortgaged property exceeds $100, this court has not jurisdiction to entertain this appeal. Article 1589, R. S.; Green v. Warren, 18 Tex. Civ. App. 548, 45 S. W. 608; Mask v. Lumber Co., 145 S. W. 299. Reference: De Witt County v. Wischkemper, 95 Tex. 435, 67 S. W. 882.

For this reason the appeal is dismissed.