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. Page: 354
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§54: T)OTlT I v, HOBBY & POST. [Term of
Opinion of the Court,
The assignments of error relative to the charge of the court,
and the refusal to give the instructions asked by defendant,
are not supported by an examination of the charge given and
the instructions refused. The judge presented for the consideration
of the jury all the questions raised by the pleadings,
and to which any material evidence had reference. The instructions
asked by defendant, and refused, where applicable,
were embraced in the general charge; instructions not resting
on, or having reference to the evidence in the case, were
We are satisfied that the verdict is according to the pleadings,
and is not contrary to the evidence, and that the judgment is
authorized and supported by the verdict. The plaintiffs sought
to recover the amount of a note for one thousand dollars, with
interest at ten per cent. from November 4th, 1867, with a foreclosure
of the mortgage executed to secure the payment of the
same. The jury found for plaintiffs, one thousand four hundred
and seventy-three dollars and fifty cents, and that it was
secured by the mortgage as described by plaintiff; and the
court rendered judgment for the amount found against the defendant,
Joshua F. Trotti, with the usual decree, foreclosing
the mortgage, order of sale, etc. Of the amounts paid by defendant,
Trotti, to plaintiffs, amounting in all to nine thousand or
more dollars, he admitted that credit had been given him on his
running account, with the exception of sixty-one dollars and
three cents, which amount was admitted by plaintiffs to have
been inadvertently omitted, and which was evidently allowed
defendant as a credit on the note; the amount found being less
than the face and interest, by the amount of the sixty-one dollars
and three cents, and its interest. Whatever rights the defendant
Seiig may have, which, however, are not apparent, are
not raised on this appeal, he makes no complaint, and there
being no error, the judgment is affirmed.
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/362/: accessed May 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .