Legal Opinion

Darden v. Mathews

Texas Supreme Court

Decided July 1, 1858PublishedCited by 15 opinions

Error from Gonzales. Tried below before tbe Hon. Fielding Jones. This action was brought by tbe appellees, against appellant, upon a promissory note for $609 22, dated 24th October, 1853, on which there was a credit, as acknowledged in the petition, of $200, dated April, 1855. The defendant pleaded a general denial; general payment of the whole note; and specially, in three several amended pleas, one payment of $20, one of $40, and another of $60. The jury returned a verdict…

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Error from Gonzales. Tried below before tbe Hon. Fielding Jones. This action was brought by tbe appellees, against appellant, upon a promissory note for $609 22, dated 24th October, 1853, on which there was a credit, as acknowledged in the petition, of $200, dated April, 1855. The defendant pleaded a general denial; general payment of the whole note; and specially, in three several amended pleas, one payment of $20, one of $40, and another of $60. The jury returned a verdict in favor of the plaintiff, in these words: “we the jury find for “ the plaintiff, judgment for the amount due on said…

1Opinion of the CourtRoberts, J.

The question in this case is, whether or not, the following verdict is sufficiently certain, to support a judgment rendered on it, it being found by the jury, in a suit upon *324a note, with a credit endorsed on it, and the payment of another amount being pleaded: “ We the jury find for the plaintiff, a “judgment for the amount due on said note, with legal interest, “less the sum of fifty-one dollars, and interest on the same, “from January, 1856.”

The day upon which the verdict was returned, being a matter of record, and legal interest having been defined by statute, and any uncertainty as to…

2Cases cited1 opinion

  1. Smith v. Johnson's Adm'rTexas Supreme Court · 1852

3Cited by15 opinions

  1. Patterson v. AllenTexas Supreme Court · 1878
  2. Leforce v. HaymesSupreme Court of Oklahoma · 1909
  3. Gulf, C. & S. F. Ry. Co. v. BakerCourt of Appeals of Texas · 1919
  4. Heflin v. BurnsTexas Supreme Court · 1888
  5. Rentfrow v. Lancaster & TurnerCourt of Appeals of Texas · 1895

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