Interstate Savings & Trust Co. v. Wyatt

Opinion by

Mr. Justice Teller.

The defendant in error recovered a judgment against plaintiff in error in the State of Texas, and brought suit on *2it in this state and had judgment. The action in Texas was under a statute of that state which gives to a person paying more than the legal rate of interest a right to recover, in an action of debt, double the amount of the interest so paid. When the case for the plaintiff was closed, defendant moved for judgment on the ground that the Texas judgment was obtained in an action for a penalty for the violation of a public law, and that such judgment ought…