Evans v. Lawson, Smith & Co.

Stayton, Associate Justice.

This action was brought on two promissory notes executed by the appellees to the appellant, on *200February 1, 1884; one for $363.14, due in forty days from its date; and the other for S360, due in sixty days from its date.

Each of the notes bore interest at the rate of twelve per cent, per annum from their date, and contained a provision for the payment of ten per cent, for attorneys’ fees, if collected by law.

There was an attachment sued out, and the affidavit therefor was as follows:

“ The State of Texas, ) In the District Court, Wheeler County, County of Mitchell, f…