Jenkins v. Morgan
Court of Appeals of Texas
Appeal from Johnson County Court; B. Jay Jackson, Judge. Action by R. Morgan against W. N. Jenkins and others. Judgment for plaintiff, and defendants appeal. The first two assignments of error, and appellee’s counter assignments thereto, are as follows: First Assignment of Error.
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Appeal from Johnson County Court; B. Jay Jackson, Judge. Action by R. Morgan against W. N. Jenkins and others. Judgment for plaintiff, and defendants appeal. The first two assignments of error, and appellee’s counter assignments thereto, are as follows: First Assignment of Error. The court erred in sustaining the appellee’s objection to the testimony of Lon Hopkins, Kelley Stevenson, and John Jenkins, and in refusing to allow their evidence to go to the jury, which testimony would have been to the effect that they had seen other stump pullers in operation, and knew the amount of power or…
1Opinion
On Motion for Rehearing.
[8] Appellee presents an insistent motion for rehearing, contending that the $105.10 prorated by the court below, and by this court wholly allowed as a credit on the $418 note first declared upon in appellee’s petition, was not a voluntary payment by the defendant Jenkins, in tlie sense that he was thereby, as we held, entitled to direct its application, and that therefore appellee had the right, under the authorities hereinafter cited, to apply the payment in whole or in part to the note for $155, also declared upon. The basis for the contention is a provision in the…
2Cases cited5 opinions
- Mathews v. SwitzlerSupreme Court of Missouri · 1870
- Rush v. First Nat. Bank of AmarilloCourt of Appeals of Texas · 1913
- Taylor & Co. v. CockrellSupreme Court of Alabama · 1885
- J. I. Case Threshing Machine Co. v. MatthewsMissouri Court of Appeals · 1915
- Sturgeon Savings Bank v. RiggsMissouri Court of Appeals · 1897