25 Tex. 154
Decided October 15, 1860
Texas Supreme Court · decided 1860-10-15
Error from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. Keese & Son sued Morrison for $1,030 20. The petition declared for interest. The note was exhibited, and made no mention of interest, but was for $1,030 20. The defendant filed a demurrer, which was overruled, and the court rendered judgment for principal and interest.
Decided 1860-10-15
¶1—The petition, in the introductory part of it, alleges an indebtedness of $1,030 20, evidenced by a note, which is set out in substance, and which shows that the indebtedness, including the interest on the note, was a greater amount. The judgment was rendered for $1,064 54, principal and interest on the note. This was correct, as the note which was set out corrected the introductory allegation.
¶2Judgment affirmed with damages.