From Casetext: Smarter Legal Research

Brown v. Grant

Court of Civil Appeals of Texas, San Antonio
Aug 17, 1938
119 S.W.2d 185 (Tex. Civ. App. 1938)

Opinion

No. 10305.

May 18, 1938. Rehearing Denied August 17, 1938.

Appeal from Nueces County Court; Paul Snyder, Judge.

Forcible entry and detainer action by Mrs. Nellie Grant and husband against Arthur Brown. From a decree of restitution, together with an award of $40 damages to plaintiffs, defendant appeals.

Appeal dismissed.

Todd Todd, of Corpus Christi, for appellant.

Robert Haegelin, of Corpus Christi, for appellees.


This is an attempted appeal by Arthur Brown from a judgment in a forcible entry and detainer action, brought by Mrs. Nellie Grant and her husband, in which the defendant was adjudged guilty and restitution was decreed, together with an award of $40 damages in favor of the plaintiffs. Brown gave notice of appeal, filed appeal and supersedeas bond, and brought the record, except a statement of facts, to this Court. He has briefed the case, but: appellees have ignored the appeal.

It is provided in Art. 3992, R.S. 1925, relating to forcible entry and detainer cases, as follows: "The judgment of the county court finally disposing of the cause shall be conclusive of the litigation, and no further appeal shall be allowed, except where the judgment shall be for damages in an amount exceeding one hundred dollars."

Article 3992 is constitutional (Beacon Lumber Company v. Brown, Tex.Com.App., 14 S.W.2d 1022), and has been uniformly upheld. Beacon Lumber Company v. Brown, supra; Stricklin v. Joslin, Tex. Civ. App. 7 S.W.2d 165; Cox, Inc., v. Knight, Tex. Civ. App. 50 S.W.2d 915; Madison v. Martinez, Tex. Civ. App. 56 S.W.2d 908.

Obviously, this appeal must be dismissed, and it is so ordered.


Summaries of

Brown v. Grant

Court of Civil Appeals of Texas, San Antonio
Aug 17, 1938
119 S.W.2d 185 (Tex. Civ. App. 1938)
Case details for

Brown v. Grant

Case Details

Full title:BROWN v. GRANT et al

Court:Court of Civil Appeals of Texas, San Antonio

Date published: Aug 17, 1938

Citations

119 S.W.2d 185 (Tex. Civ. App. 1938)

Citing Cases

Keils v. Waldron

In construing and applying the provisions of the foregoing statute, the courts of this State have held…

Hancock v. Board of Tax Assessors of Harris County

Beacon Lumber Co. v. Brown, 14 S.W.2d 1022 (Texas Civ. App., 1929). See also Brown v. Grant, 119 S.W.2d 185…