James v. Wilson
Texas Supreme Court
Appeal from Bexar. The appellee brought suit to recover back from the appellant $307.50, alleged lo have been exacted by the Latter, under the pretense that lie, as district surveyor, was entitled to that amount as fees of office for having examined and rejected 1470 land certificates for J. N. Reynolds, for whose benefit the plaintiff sued, and to have been paid by the plaintiff as agent for said Reynolds, on the representation of the defendant that he was so entitled.
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Appeal from Bexar. The appellee brought suit to recover back from the appellant $307.50, alleged lo have been exacted by the Latter, under the pretense that lie, as district surveyor, was entitled to that amount as fees of office for having examined and rejected 1470 land certificates for J. N. Reynolds, for whose benefit the plaintiff sued, and to have been paid by the plaintiff as agent for said Reynolds, on the representation of the defendant that he was so entitled. The petition claimed interest in general terms. The answer contained a general denial. The statement of facts agreed on by…
1Opinion of the Court
"Wheeler, J.
Tested by the rules which have been recognized by repeated decisions of this court, wo think the verdict sufficiently certain to enable the court to give judgment upon it. (Burton v. Anderson, 1 Tex. R., 93; Burton v. Bondies, 2 Id., 203; Mays v. Lewis, 4 Id.)
A verdict is sufficiently certain which finds the issue, and may he rendered certain by reference to the pleadings. So, a verdict was held sufficiently certain which found for the plaintiff “the debt in the declaration mentioned.” (1 How. Miss. R., 579; 4 Leigh R., 114.) It will be sufficient, if it can be ascertained what…
2Cited by7 opinions
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- Rushing v. LanierCourt of Appeals of Texas · 1908
- McGregor v. ArmillSupreme Court of Iowa · 1855
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- Alamo Fire Insurance Co. v. LancasterCourt of Appeals of Texas · 1894
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