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28 Tex. 799

Pridgen v. Bonner

Texas Supreme Court

Decided December 15, 1866

Texas Supreme Court · decided 1866-12-15

Error from De Witt. The case was tried before Hon. Fielding Jones, one of the district judges, Bonner sued Pridgen on a note for $190, with twelve per cent! interest after 1 January, 1860. The defendant made default, and on the 29th March, 1861, judgment was rendered for $200 92. The defendant prosecuted error; but he assigned no error, nor does he seem to have appeared in the Supreme Court.

Cited by 3 later decisions — most recently January 1918

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-12-15

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Willie, J.

¶1—This suit was brought upon a promissory *800note for $190, due January 1,1860. Judgment by default was rendered against defendant below on the 25th of March, 1861, for $200 92, which was less than the amount of principal and interest due at that day by $17 08," the error arising from a miscalculation of interest. The defendant below brings the case to this court, but makes no assignment of errors. The defendant in error asks that the miscalculation of interest may be corrected, the judgment reformed and rendered for the proper amount, and suggests delay, and asks for 10 per cent, damages upon the reformed judgment. Upon the authority of Wortham v. Harrison, 8 Tex., 141, it is ordered, adjudged, and decreed, that the plaintiff below, William Bonner, have and recover of the defendant, B. F. Pridgen, the sum of $190 principal and $28 interest, and 10 per cent, damages on the amount of said judgment for the delay, and all costs of suit. ■

¶2Reeormed accordingly.

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