Clark v. Brown
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. Joseph Bledsoe. This action was begun, in the District Court of Red River county, in March, 1874, and tried May 25, 1877. .The defendant filed a general demurrer, which was overruled. Less than two hundred dollars ($198.40) was due, of principal, when the suit was brought. The assuming of jurisdiction by the court was assigned for error.
1Opinion of the Court
Roberts, Chief Justice.
Upon an accurate calculation, made in the legal manner, it is found that the last payment *213credited on the note, and admitted in the petition, brings down the principal then due and unpaid on the note to an amount less than two hundred dollars.
The first payment was in excess of the then accrued interest, and reduced the principal to the sum of $206.71. The principal in the note could never get any larger, and by calculating the interest on that amount to the second, third, and fourth payments, and deducting each payment up to the time each payment is made, it will be…
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