Portis v. Cochrane
Texas Supreme Court
Appeal from Austin County. Suit upon a promissory note given by the wife, dum sola; pleas, nil debet and payment. Yerdict and judgment for plaintiff, appellee, for $170.94. There is no statement of facts nor evidence in the record except the answers of the plaintiff below, to interrogatories propounded by the defendants.
1Opinion of the CourtLipscomb, J.
This suit was brought on a promissory note by the appellee against the appellants. In the court below the appellants claimed a credit of eighty dollars- for cotton that was burned, as alleged, in the gin house of the appellee. This was not allowed by the jury in their verdict. There is no statement of facts in the record, and all presumptions are in favor of the correctness of the verdict. The question as to the allowance of the credit was fairly before the jury, and we are bound in the absence of the testimony, to conclude that the evidence fully satisfied the jury that the appellee was not…
2Cited by2 opinions
- Smith v. AllenTexas Supreme Court · 1866
- Greenwade v. WallingTexas Supreme Court · 1867