Texas Supreme Court, 1857

Harland v. Hendricks

Texas Supreme Court · Decided July 1, 1857 · Wheeler

19 Tex. 292

Cases that cite this one

1 later published case cites this decision.

Southwestern Surety Ins. Co. v. Gulf, T. & W. Ry. Co. (Tex. App. 1917)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Wheeler, J.

We have heretofore decided, that where judgment goes by default, in a suit on a demand which is liquidated and proved by writing, and the damages are assessed by the Clerk, under the Statute, credits indorsed on the note must be allowed. (Holland v. Cook, 10 Tex. R. 244.) The payment of fifty dollars, credited upon the note, ought to have *293been allowed and deducted by the Clerk, in entering the judgment ; and for his failure to make the deduction the judgment must be reversed and rendered for the proper amount.

Reversed and reformed.

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