Harland v. Hendricks

Texas Supreme Court

Harland v. Hendricks

19 Tex. 292

CourtTexas Supreme Court

DecidedJuly 1, 1857

StatusPublished

Cited by3 cases

This text of 19 Tex. 292 (Harland v. Hendricks) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harland v. Hendricks, 19 Tex. 292 (Tex. 1857).

Pincite

Opinion

Wheeler, J.

We have heretofore decided, that where judgment goes by default, in a suit on a demand which is liquidated and proved by writing, and the damages are assessed by the Clerk, under the Statute, credits indorsed on the note must be allowed. (Holland v. Cook, 10 Tex. R. 244.) The payment of fifty dollars, credited upon the note, ought to have [293]*293been allowed and deducted by the Clerk, in entering the judgment ; and for his failure to make the deduction the judgment must be reversed and rendered for the proper amount.

Reversed and reformed.

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Wheeler, J.

We have heretofore decided, that where judgment goes by default, in a suit on a demand which is liquidated and proved by writing, and the damages are assessed by the Clerk, under the Statute, credits indorsed on the note must be allowed. (Holland v. Cook, 10 Tex. R. 244.) The payment of fifty dollars, credited upon the note, ought to have [293]*293been allowed and deducted by the Clerk, in entering the judgment ; and for his failure to make the deduction the judgment must be reversed and rendered for the proper amount.

Reversed and reformed.

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Bluebook (online)

19 Tex. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harland-v-hendricks-tex-1857.

Opinion

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