Chrisman v. Davenport
Texas Supreme Court
Error from Smith. Tried below before Hon. R. A. Reeves. Judgment by default upon a note clearly excessive. After plaintiff in error had filed his petition and bond to remove the cause to the Supreme Court, the plaintiff below, by his attorneys, filed a remittitur of the excess.
1Opinion of the CourtRoberts, J.
The judgment by default in this case was excessive, and after the petition and bond for writ of error had been filed, and before the transcript was returned into this Court, the counsel for plaintiffs below filed in the District Clerk’s office, in vacation, a remittitur of such excess, signed by themselves as attorneys for plaintiffs. All which appears in the transcript. Did that cure the error in the judgment ? The general doctrine is that a debt must be released by an instrument as solemn as that by which it is created. In pursuance to that rule our Statute has provided for curing the…
2Cited by9 opinions
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- G. H. Pearce & Co. v. Tootle, Hosea & Co.Court of Appeals of Texas · 1889
- New York Life Insurance Co. v. HerbertCourt of Appeals of Texas · 1907
- Howe v. MerrellTexas Supreme Court · 1872
- White v. GloverCourt of Appeals of Texas · 1902
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