Wetmore v. Woodhouse
Texas Supreme Court
Appeal írom Cameron. Suit by the appellee against the appellant ior the ■proceeds oí goods consigned on sale. There was no contract in writing. The verdict and' judgment were for principal and interest. The assignment of errors did not complain of the allowance of interest.
1Opinion of the CourtWheeler, J.
The only objection to the judgment, which is thought
to require notice, is the finding and allowance of interest, in the verdict and .judgment. It was not a case in which interest was recoverable, as such; and it was allowed, as interest, and not as vindictive damages, if even it were a case proper for the awarding of such damages. It is objected that this ground for a reversal of the judgment, is not assigned as error. The court are of ■opinion, and it has been heretofore decided, that where the objection goes to the foundation of the action, and shows the entire absence of a right in the…
2Cited by11 opinions
- Danks v. RodeheaverWest Virginia Supreme Court · 1885
- Siese v. MalschTexas Supreme Court · 1881
- Gouhenour v. AndersonCourt of Appeals of Texas · 1904
- In Re JFCTexas Supreme Court · 2002
- Pittman's Administrator v. MyrickSupreme Court of Florida · 1878
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