Baker v. Wofford

Decided July 1, 1853

Texas Supreme Court · decided 1853-07-01

Error from Walker. Suit on a contract for damages. Verdict that both parties were guilty of fraud, and that each party should pay half the costs. Judgment for the defendant for all costs, &c. Errors assigned. 1st. Tile,judgment did not follow the verdict. 2d. It was not founded on any verdict or issue of law.

Decided 1853-07-01

Wheeler, J.

¶1The only judgment which could legally be rendered upon the verdict was a judgment for the defendant; and the legal consequence of such judgment is that lie recover his costs against the plaintiff and have execution therefor. (Hart. Dig., art. 776.)

¶2Judgment affirmed.