Coles v. Kelsey
Texas Supreme Court
Appeal from Washington. The appellee, who was plaintiff in the Court below, obtained judgment against the appellant in the District Court of Washington county, for the sum of §3000 debt and §1000 interest. Said judgment was obtained, on a note executed before the 16th day of March, 1840. The judgment was certified to the County Court to be ranked and paid in course of administration.
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Appeal from Washington. The appellee, who was plaintiff in the Court below, obtained judgment against the appellant in the District Court of Washington county, for the sum of §3000 debt and §1000 interest. Said judgment was obtained, on a note executed before the 16th day of March, 1840. The judgment was certified to the County Court to be ranked and paid in course of administration. A controversy arose as to-the rate of interest; the plaintifi' in the first suit (Kelsey) contending that he was entitled to eight per cent, on the §3000 and also on the §1000 interest and so the County Court…
1Opinion of the CourtLipscomb, J.
The appellee recovered a judgment against the appellant for three thousand dollars principal and one thousand dollars interest, and a question was made in the Fro - bate Court to which the judgment had been ordered to be certified and payed in the due course of administration, whether such judgment carried any interest at all; if any, whether it should be allowed on the three thousand dollars or on the aggregate sum of four thousand dollars, adjudged as the principal and interest. The Probate Judge decided that interest run on the whole judgment of four thousand dollars, from which the…
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