Court of Civil Appeals of Texas, 1914

Jones v. Myers

Jones v. Myers
Court of Civil Appeals of Texas · Decided April 4, 1914 · Rainey
165 S.W. 523; 1914 Tex. App. LEXIS 116 (South Western Reporter)

Jones v. Myers

Opinion of the Court

RAINEY, C. J.

Suit by appellant against appellees to recover on a promissory note ¿nd to foreclose a mortgage. Appellees plead payment of the note, and, in addition, $21.50 over and above the amount of the note. A trial resulted in a judgment in favor of ap-pellees for $21.50), which was remitted, and appellant prosecutes this appeal.

*524 Two of appellant’s assignments relate to the court’s action in admitting testimony and refusing a special charge, which pertains to the item of $21.50. As that amount ivas remitted by appellant, the assignments are without merit. The other assignments complain of the sufficiency of the evidence to support the judgment.

The evidence shows that the note was paid off and discharged.

There is no error in the judgment, and it is affirmed.

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