Pauska v. Daus
Texas Supreme Court
Appeal from Harris. The ease was tried before Hon. Benjamin Shropshire, one of the district judges. The petition was for the balance of an open account, and did not aver where the account was made or payable. Brit the plaintiff made affidavit to it in Matamoros, Mexico. The defendant pleaded the general issue, payment, set-off, that interest was only due after the 1st of January, 1866, and specially against some items.
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Appeal from Harris. The ease was tried before Hon. Benjamin Shropshire, one of the district judges. The petition was for the balance of an open account, and did not aver where the account was made or payable. Brit the plaintiff made affidavit to it in Matamoros, Mexico. The defendant pleaded the general issue, payment, set-off, that interest was only due after the 1st of January, 1866, and specially against some items. The j ury found a verdict for the amount of the account and interest. The bill of exceptions stated that the defendant objected that none of the jurors’ names were on the…
1Opinion of the CourtLindsay, J.
—This is a suit brought by the appellee against the a2Dpellant upon an open account, and upon which judgment was obtained in the court below on the verdict of the jury for the amount of the account and interest from the 1st of January succeeding the date of the assumpsit up to the finding of the jury. It ap2Dears that the plaintiff in the court below was a resident of .Matamoros, Mexico, where the liability was contracted.
On the trial of the cause in the district court four several exceptions were taken to the proceedings there *71had, and are relied upon as grounds for reversal in this court.
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