Legal Opinion

Stewart v. Lattner

Court of Appeals of Texas

Decided January 16, 1909PublishedCited by 6 opinions

Appeal from the County Court of Palo Pinto County. Tried below before Hon. E. B. ¡Ritchie.

1Opinion of the Court

SPEER, Associate Justice.

Appellant instituted this suit against appellee to recover the sum of four hundred and fifty dollars and forty-six cents under article 3106 of the Revised Statutes as for usury paid. The suit was instituted December 16, 1907, but the petition showed that the usurious interest had been paid on July 3, 1907. The trial court sustained a general demurrer to the petition, from which judgment this appeal is prosecuted.

Opinion.—By an Act of the Thirtieth Legislature, approved April 18, 1907, article 3106 of the Revised Statutes was amended so as to read as follows: “If…

2Cases cited4 opinions

  1. Ewell v. DaggsSupreme Court of the United States · 1883
  2. Mongeon v. . People of the State of N.Y.New York Court of Appeals · 1874
  3. Parmelee v. LawrenceIllinois Supreme Court · 1868
  4. Woolley v. AlexanderIllinois Supreme Court · 1881

3Cited by6 opinions

  1. Texas Farm Bureau Cotton Ass'n v. LennoxCourt of Appeals of Texas · 1927
  2. Goodrich v. WallisCourt of Appeals of Texas · 1911
  3. Pioneer Oil & Refining Co. v. StateCourt of Appeals of Texas · 1925
  4. Messersmith v. ReillyNorth Dakota Supreme Court · 1941
  5. State v. MitchellTexas Supreme Court · 1920

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