The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 42

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 42

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...reference to the evidence in the case, were properly refused. We are satisfied that the verdict is according to the pleadings, and is not contrary to the evidence, and that the judgment is authorized and supported by the verdict. The plaintiffs sought to recover the amount of a note for one thousand dollars, with interest at ten per cent. from November 4th, 1867, with a foreclosure of the mortgage executed to secure the payment of the same. The jury found for plaintiflfs, one thousand four hundred and seventy-three dollars and fifty cents, and that it was secured by the mortgage as described by plaintiff; and the court rendered judgment for the amount found against the defendant, Joshua F. Trotti, with the usual decree, foreclosing the mortgage, order of sale, etc. Of the amounts paid by defendant, Trotti, to plaintiffs, amounting in all to nine thousand or more dollars, he admitted that credit had been given him on his running account, with the exception of sixty-one dollars and three cents, which amount was admitted by plaintiffs to have been inadvertently omitted, and which was evidently allowed defendant as a credit on the note; the amount found being less than the face and interest, by the amount of the sixty-one dollars and three cents, and its interest. Wliatever rights the defendant Seiig may have, which, however, are not apparent, are not raised on this appeal, he makes no complaint, and there 1. Ixsrnucrroxls. The fact that the charge read to the jury on the trial of a criminal cause bore the style and file-mark of another criminal cause, raises no presumption that it had been used on the trial of another party, nor, if applicable to the case, would the fact that it had been so used be a ground for new trial. _ MIsCONDUCT OF...
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Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 1236850262
  • 9781236850263