Day v. Cooper

Court of Appeals of Texas

Day v. Cooper

175 S.W. 485, 1915 Tex. App. LEXIS 366

CourtCourt of Appeals of Texas

DecidedMarch 18, 1915

DocketNo. 1439.

StatusPublished

Cited by1 cases

This text of 175 S.W. 485 (Day v. Cooper) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Day v. Cooper, 175 S.W. 485, 1915 Tex. App. LEXIS 366 (Tex. Ct. App. 1915).

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Opinion

HODGES, J.

This appeal is from a judgment in favor of the appellee against the appellants, rendered in a suit on a promissory note, for the sum of $218.66, together with interest and attorney’s fees. The only defense urged by the appellants in the court below was a general denial. The only assignments of error presented in this court are those which question the sufficiency of the evidence to support the judgment for the amount of the note and the attorney’s fees.

The original petition of the appellee was in the usual form of suits of this character, and stated all the facts essential to the recovery awarded. The answer filed by the appellants did not put those facts in issue under the statute as now amended. See Acts 1913, p. 256 (Vernon’s Sayles’ Ann. Civ. St. 1914, §§ 1827, 1828, 1829, 1902, 1829a, 1829b). Those facts were therefore before the court as admittedly true. The note itself, with all of its contents, was offered in evidence and considered by the court. There was nothing left for the jury to do but to return a verdict for the amount sued for.

The judgment is therefore affirmed.

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HODGES, J.

This appeal is from a judgment in favor of the appellee against the appellants, rendered in a suit on a promissory note, for the sum of $218.66, together with interest and attorney’s fees. The only defense urged by the appellants in the court below was a general denial. The only assignments of error presented in this court are those which question the sufficiency of the evidence to support the judgment for the amount of the note and the attorney’s fees.

The original petition of the appellee was in the usual form of suits of this character, and stated all the facts essential to the recovery awarded. The answer filed by the appellants did not put those facts in issue under the statute as now amended. See Acts 1913, p. 256 (Vernon’s Sayles’ Ann. Civ. St. 1914, §§ 1827, 1828, 1829, 1902, 1829a, 1829b). Those facts were therefore before the court as admittedly true. The note itself, with all of its contents, was offered in evidence and considered by the court. There was nothing left for the jury to do but to return a verdict for the amount sued for.

The judgment is therefore affirmed.

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175 S.W. 485, 1915 Tex. App. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-cooper-texapp-1915.

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