Legal Opinion

McCaulley v. Farmers' & Merchants' State Bank & Trust Co.

Court of Appeals of Texas

Decided March 6, 1915No. 8117PublishedCited by 6 opinions

Error from District Court, Nolan County; W. W. Beall, Judge. Action by the Farmers’ & Merchants’ State Bank & Trust Company against R. L. McCaulley. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtDunklin, J.

R. L. McCaulley has prosecuted this writ of error from a judgment by default rendered against him in favor of the Farmers’ & Merchants’ State Bank & Trust Company. The suit was upon two-promissory notes, and the amount of the judgment was $7,234.67, which included principal, interest, and attorneys’ fees. In plaintiff’s petition, after setting out the notes, and after alleging the failure of the defendant to pay the same, the ad damnum clause reads as follows: “To plaintiff’s damage in the sum of seven thousand dollars.”

[1] Plaintiff in error insists that the amount of the judgment should…

2Cases cited4 opinions

  1. Pecos & North Texas Railway Co. v. Canyon Coal Co.Texas Supreme Court · 1909
  2. First National Bank of Eagle Lake v. RobinsonTexas Supreme Court · 1911
  3. Lanier v. JonesTexas Supreme Court · 1911
  4. Times Publishing Co. v. HillCourt of Appeals of Texas · 1904

3Cited by6 opinions

  1. Amuny v. Seaboard Bank & Trust Co.Texas Commission of Appeals · 1930
  2. Farmers' & Merchants' State Bank of Lelia Lake v. GuffeyCourt of Appeals of Texas · 1923
  3. Georgia Casualty Co. v. ShawCourt of Appeals of Texas · 1917
  4. Goodrich v. First Nat. Bank in HemphillCourt of Appeals of Texas · 1934
  5. Inman v. Texas Land & Mortgage Co.Court of Appeals of Texas · 1935

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