Weaver v. Lewis
This text of 12 Tex. 103 (Weaver v. Lewis) 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.
Opinion
The judgment in this case was rendered by -default, and an error was committed by the Clerk in the cal[104]*104culation of interest, making an excess of thirty-seven dollars over what it should have been. The judgment must be corrected ; and the only question is as to which party shall pay the cost. It appears that the defendants in the judgment,, before taking out a writ of error, notified the plaintiff of the error and asked a release, or remittitur, for the excess. This was not done in a way to make it available to the defendants, and the writ of error was sued out. Under such circumstances, we believe the correction of the judgment should be made at the cost of the plaintiff in the Court below, which is accordingly ordered.
Judgment re-formed.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
12 Tex. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-lewis-tex-1854.