Legal Opinion

Baker v. Wofford

Texas Supreme Court

Decided July 1, 1853PublishedCited by 1 opinion

Error from Walker. Suit on a contract for damages. Verdict that both parties were guilty of fraud, and that each party should pay half the costs. Judgment for the defendant for all costs, &c. Errors assigned. 1st. Tile,judgment did not follow the verdict. 2d. It was not founded on any verdict or issue of law.

1Opinion of the CourtWheeler, J.

The only judgment which could legally be rendered upon the verdict was a judgment for the defendant; and the legal consequence of such judgment is that lie recover his costs against the plaintiff and have execution therefor. (Hart. Dig., art. 776.)

Judgment affirmed.

2Cited by1 opinion

  1. San Marcos Electric Light & Power Co. v. ComptonCourt of Appeals of Texas · 1908