Foster v. Van Norman
Texas Supreme Court
Writ of Error from Fort Bend County. This was an action brought in the district court of Fort Bend county, on a promissory note made by said Foster in favor of Wm. Yan Norman for $344.90, dated 4th November, 1842,.and payable one day after date — having a credit of $16 indorsed thereon. On the second day of the fall term of said court, 1845, the plaintiff in error having failed to appear, judgment by default was rendered against him.
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Writ of Error from Fort Bend County. This was an action brought in the district court of Fort Bend county, on a promissory note made by said Foster in favor of Wm. Yan Norman for $344.90, dated 4th November, 1842,.and payable one day after date — having a credit of $16 indorsed thereon. On the second day of the fall term of said court, 1845, the plaintiff in error having failed to appear, judgment by default was rendered against him. Three days afterwards he filed his answer pleading the general issue, and an offset of $11. No other defense seems to have been set up on the trial. A jury was…
1Opinion of the CourtLtpscoMB, J.
There is no statement of facts or bill of exceptions in this cause, and no objection to the verdict in the court below.
It is now assigned for error that the verdict and judgment are for more than the plaintiff had claimed in his petition. If the calculation of interest, at eight per cent., is made on the sum claimed, it will not quite amount to the judgment. The difference, however, is small; and if a mistake of a character like this had been noticed it would have been corrected in the court below. And it further appears that before the suing out of the writ of error by the defendant, the…
2Cited by2 opinions
- Morris v. MorrisCourt of Appeals of Texas · 1907
- Morton v. StateCourt of Appeals of Texas · 1878