Cochran v. Kellum
Texas Supreme Court
Error from Polk. Cochran sued Kellum and TVhetmore on an arbitration bond. The defendants pleaded the award, set-off, and payment. Verdict for the plaintiff for $81.78. Judgment in favor of the plaintiff for $S1.78 and against liim for the costs of the suit. There was no statement of facts.
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Error from Polk. Cochran sued Kellum and TVhetmore on an arbitration bond. The defendants pleaded the award, set-off, and payment. Verdict for the plaintiff for $81.78. Judgment in favor of the plaintiff for $S1.78 and against liim for the costs of the suit. There was no statement of facts. The error assigned was the judgment against the plaintiff for costs. argued that the “payment” contemplated by the 4th section of act of Eebrury 5, 1840, is a payment made on the claim sued on, and not payments and outstanding equities provided for in the claim or evidence of the claim itself. This is a…
1Opinion of the CourtLipscomb, J.
The error assigned is that the court erred in rendering the *61judgment against (lie plaintiff for costs. The question depends entirely on the character of the evidence on which tiie jury returned their verdict. If the amount sued for by tiie plaintiff he reduee'd by set-off to an amount not within the jurisdiction of the court, judgment'shull still lie given for the amount due the plaintiff and for costs of suit. But should the claim of the plaintiff be reduced lo a sum not within tiie jurisdiction of the court by payment, then the judgment shall bo given for the plaintiff for the balance due,…
2Cited by10 opinions
- Blum v. StrongTexas Supreme Court · 1888
- Empire Gas & Fuel Co. v. NobleTexas Commission of Appeals · 1931
- M. H. Lauchheimer & Sons v. CoopTexas Supreme Court · 1905
- Peck v. PowellCourt of Appeals of Texas · 1924
- Shamburger v. GlennCourt of Appeals of Texas · 1923
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