Houston v. Morrison

Texas Supreme Court

Houston v. Morrison

10 Tex. 1

DecidedJuly 1, 1853

StatusPublished

This text of 10 Tex. 1 (Houston v. Morrison) 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

Houston v. Morrison, 10 Tex. 1 (Tex. 1853).

Pincite

Opinion

LipscOMB. J.

This suit was brought by the appellee against the appellant on a note of hand. The jury returned a verdict for the plaintiff for four hundred and forty-four dollars and ninety-two cents. There was a motion fon a new trial on the ground that the jury liad found in favor of the plaintiff foa a larger amount than the evidence authorized. The motion was overruled! ■and defendant, appealed. 1

There were several credits indorsed upon the note. When those credit! were deducted, it left a balance of only three hundred and eight dollars an! sixteen cents. The verdict was, then, for one hundred and thirty-six dollar! ■and seventy-six cents more than the evidence authorized. A new trial ougbl to have been granted on the motion of the defendant in the court below! Judgment reversed and cause remanded.

Beversed and remanded.

Note 1. — In the assessment of damages, on judgment by default, the clerk must allow all credits indorsed upon the note sued on. (Holland v. Cook, post 244.)

Free access — add to your briefcase to read the full text and ask questions with AI

LipscOMB. J.

This suit was brought by the appellee against the appellant on a note of hand. The jury returned a verdict for the plaintiff for four hundred and forty-four dollars and ninety-two cents. There was a motion fon a new trial on the ground that the jury liad found in favor of the plaintiff foa a larger amount than the evidence authorized. The motion was overruled! ■and defendant, appealed. 1

There were several credits indorsed upon the note. When those credit! were deducted, it left a balance of only three hundred and eight dollars an! sixteen cents. The verdict was, then, for one hundred and thirty-six dollar! ■and seventy-six cents more than the evidence authorized. A new trial ougbl to have been granted on the motion of the defendant in the court below! Judgment reversed and cause remanded.

Beversed and remanded.

Note 1. — In the assessment of damages, on judgment by default, the clerk must allow all credits indorsed upon the note sued on. (Holland v. Cook, post 244.)

Cite This Page — Counsel Stack

Bluebook (online)

10 Tex. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-morrison-tex-1853.