Cousins v. Grey
Texas Supreme Court
Error from Smith. Tried below before the Hon. John. C. Bob-er tson. Suit was instituted by plaintiff in error against defendant in error upon a promissory note for $1,180, due the 25th day of December, 1873, and to foreclose vendors lien, less credits indorsed, and upon a note for $110. The defendant .in error set up several sums as payments, alleging them to have been paid upon usurious interest notes given by him to plaintiff in error.
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Error from Smith. Tried below before the Hon. John. C. Bob-er tson. Suit was instituted by plaintiff in error against defendant in error upon a promissory note for $1,180, due the 25th day of December, 1873, and to foreclose vendors lien, less credits indorsed, and upon a note for $110. The defendant .in error set up several sums as payments, alleging them to have been paid upon usurious interest notes given by him to plaintiff in error. Upon these, pleas the court gave judgment in favor of plaintiff in error for $423.02, and allowed the payments, and held that the note drew no interest from…
1Opinion of the Court
Willie, Chief Justice.
Counsel for appellee make the point that we cannot revise the findings of the district judge who tried this case below, for the reason that there is no statement of facts to be found in the record. This might be a good reason why we should not consider an assignment of error to the effect that the judge’s conclusions of fact were not warranted by the evidence; but when such conclusions are accepted by the appellant as correct, there can be no reason why we should not revise any errors committed by the judge in applying the law to the facts as thus found by him. Our…
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