Baker v. Wofford

• Decision Date: 01 January 1853
• Citation: 9 Tex. 516
• Parties: BAKER v. WOFFORD.
• Court: Texas Supreme Court

9 Tex. 516

BAKER

v.WOFFORD.

Supreme Court of Texas.

1853.

Where in an action for damages ex contractu the jury found that both parties were guilty of fraud, and that each party should pay half the costs, upon which verdict the court rendered judgment in favor of the defendant for all costs, &c.: Held, There was no error.

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. The judgment did not follow the verdict.

2d. It was not founded on any verdict or issue of law.

Yoakum & Campbell, for plaintiff in error.

WHEELER, J.

The 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 he recover his costs against the plaintiff and have execution therefor. (Hart. Dig., art. 776.)

Judgment affirmed.