Frazier v. Campbell
Texas Supreme Court
Error from Cass. This suit was brought upon a promissory note set out in the petition, in which interest was stipulated at ten per cent. Judgment was rendered for the gross amount of principal and interest clue at the time of its rendition, without showing what amount was principal and what interest. argued that the judgment should have shown what was the amount of the debt'due and what was the amount clue for interest thereon.
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Error from Cass. This suit was brought upon a promissory note set out in the petition, in which interest was stipulated at ten per cent. Judgment was rendered for the gross amount of principal and interest clue at the time of its rendition, without showing what amount was principal and what interest. argued that the judgment should have shown what was the amount of the debt'due and what was the amount clue for interest thereon. Blending the principal and interest will compel the plaintiff in error to pay interest upon interest, which is unlawful in a case of the kind. Where a contract draws…
1Opinion of the CourtWheeler, J.
We arc of opinion that it is not necessary that the judgment should ascertain separately the amount of principal and interest, and that it is not error that it is rendered for the aggregate amount.
There are other grounds of error assigned, which, however, as they go solely to the execution and proceedings subsequent to the judgment, will not be considered. If irregularities and errors occur subsequently to the judgment, they may be corrected in the District Court. But they cannot be considered in this court until they shall have been made the subject of adjudication in the court below. (Cloud…
2Cited by10 opinions
- Sisters of Charity of the Incarnate Word v. DunsmoorCourt of Appeals of Texas · 1992
- Miner v. Paris Exchange BankTexas Supreme Court · 1880
- Mateer v. CockrillCourt of Appeals of Texas · 1898
- Brooklyn Union Gas Co. v. Transcontinental Gas Pipe Line Corp.District Court, S.D. Texas · 1960
- Socony Mobil Oil Co. v. Brooklyn Union Gas Co.Court of Appeals for the Fifth Circuit · 1962
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