76 NICHOLS v. SNOW. [Tyler Term,
Opinion of the court.
cent. interest from date, the second silent as to interest,
and payable the ist day of January, 1862. The third suit
was on an account chiefly for medical services and prescriptions,
the account alleged to be due and payable on the 3d
day of November, 1864, and amounting to four hundred
and seventy-three dollars, ($473.75.) These amounts, with
the accruing interest up to the 1st of June, 1867, would
have amounted to over fourteen hundred and eighty dollars.
The persons selected by the plaintiff in person, and
the defendant, examined all the claims growing- out of
payments made by plaintiff to defendant, and taking into
their consideration a note for $1,626 belonging to the estate
of Richard Temple deceased, in which plaintiff and
other parties were part owners, and defendant was payee,
and after examination returned a statement in pencil that
plaintiff was indebted to defendant in the sum of eight
hundred and eighty-five dollars, ($885.21,) upon which the
court, by agreement of parties, entered up in each of the
three suits judgment in favor of appellee for $294.07.
The memorandum presented by the three persons called
arbitrators was made up of the two notes and the account
embraced in the three suits pending in the County Court,
and their accrued interest, with the credits of various payments
by the appellant, as also the crediting her in part
with a portion of the note given by appellee to the estate of
Temple for $1,626, rated in Confederate money at $861.78,
in which appellant with other parties claimed an interest.
So far, then, from the note for $1,626 (acted on by the sostyled
arbitrators) making the debts sued on beyond the
jurisdiction of the County Court, it merely, in connection
with other credits, reduced plaintiff's claims nearly onehalf,
while the debts sued on, as already shown, were greatly
below the amounts in which the court could have entertained
jurisdiction. The amounts were entered by agreement
of parties, and the court did not err in sustaining
defendant's exceptions on demurrer to plaintiffs' amended
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed August 28, 2014.