Portis v. Ennis
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. George W. Smith. This was an action of debt brought by the appellee on a judgment rendered in his favor against the appellant in the District Court of Austin county, on the 28th day of April, 1849. The petition was filed May' 20th, 1857. The judgment was for §192 80, and interest at eight per cent, per annum.
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Appeal from Austin. Tried below before the Hon. George W. Smith. This was an action of debt brought by the appellee on a judgment rendered in his favor against the appellant in the District Court of Austin county, on the 28th day of April, 1849. The petition was filed May' 20th, 1857. The judgment was for §192 80, and interest at eight per cent, per annum. The defendant answered with a general denial and a plea of payment of eighty dollars cash on the 12th day of April, 1852 ; of .§156 57, of the same date, by draft on Stubblefield and Sessums, and of the costs of suit. The plaintiff read in…
1Opinion of the CourtMoore, J.
The evidence offered by the appellant, who was the defendant in the court below, to prove payment of the judgment upon which this suit was brought, did not tend to establish this fact, and was therefore properly excluded from the jury. The return upon the execution, which was in no manner contradicted or weakened by the testimony of the sheriff when properly understood, if this could have been legitimately done, clearly shows that the indorsement made upon the execution, upon which "the appellant relied as evidence of satisfaction of the judgment, Was erased before the final return was made…
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