29 S.W.2d 890 | Tex. App. | 1930
Appellees instituted this suit in the district court to recover on a certificate of insurance issued on the life of Mary Lewis and payable to appellees in a sum "not to exceed $500.00." Appellees also asked for lawful interest on said $500. The cause was tried to a jury and resulted in judgment being rendered for appellees for $485, with 6 per cent. interest from date of judgment. By its first proposition appellant contends the trial court had no jurisdiction, and that therefore this court has no jurisdiction to hear and determine this cause, because the amount in controversy, exclusive of interest, does not exceed $500. We sustain this proposition. Under the Constitution and laws of this state the district court does not have original jurisdiction to hear and determine a cause of action where the amount involved is exactly $500, or less, exclusive of interest. Article 1906, Revised Statutes; Gulf, C. S. F. Ry. Co. v. Rambolt,
The judgment of the trial court is therefore reversed and remanded, with instructions to the trial court to dismiss the same. *891