Public-domain · open source
OpenJurist

175 S.W. 485

Day v. Cooper

Court of Appeals of Texas

Decided March 18, 1915

Court of Appeals of Texas · decided 1915-03-18

<p>Bills and Notes <&wkey;474 —Pleading —Answer.</p> <p>Where, in an action on a note, the only defense was a general denial, and the petition stated all the facts essential to a recovery, and the note was put in evidence, judgment was properly rendered for plaintiff, as the facts pleaded were admitted, because not put in issue, as required by Acts 1913, e. 127 (Vernon’s Sayles’ Ann. Civ. St. 1914, §§ 1827, 1828, 1829, 1902, 1829a, 1829b).</p> <p>[Ed. Note.—For other cases, see Bills and Notes, Cent. Dig. §§ 1508-1513; Dec. Dig. <&wkey;> 474.]</p>

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-03-18

How this case has been cited

Cited by 6 later decisions — most recently April 1965

6 state decisions

20191519201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

HODGES, J.

¶1 This appeal is from a judgment in favor of the appellee against the appellants, rendered in a suit on a promissory note, for the sum of $218.66, together with interest and attorney’s fees. The only defense urged by the appellants in the court below was a general denial. The only assignments of error presented in this court are those which question the sufficiency of the evidence to support the judgment for the amount of the note and the attorney’s fees.

¶2 The original petition of the appellee was in the usual form of suits of this character, and stated all the facts essential to the recovery awarded. The answer filed by the appellants did not put those facts in issue under the statute as now amended. See Acts 1913, p. 256 (Vernon’s Sayles’ Ann. Civ. St. 1914, §§ 1827, 1828, 1829, 1902, 1829a, 1829b). Those facts were therefore before the court as admittedly true. The note itself, with all of its contents, was offered in evidence and considered by the court. There was nothing left for the jury to do but to return a verdict for the amount sued for.

¶3 The judgment is therefore affirmed.

/175/sw/485 · .json · Public domain