Stavely v. Stavely

FUNDERBURK, Justice.

■ This is an appeal from a judgment for $140.61 awarded by the county court of Scurry county to John Stavely, plaintiff, against B. O. Stavely, defendant. The cause of action was a promissory note dated May 1, 1931, in the principal sum of $189.46, due October 1, 1931, with 10 per cent, interest and 10 per cent, attorney’s fees, upon which note credits were acknowledged, in the pleadings, reducing the amount to $87.08 on the principal, $40.75 interest, with $12.78 attorney’s fees.

Appellant- presents a single assignment of error, counter to which appellee contends that this…