Bailey & Goodjohn v. James

Citations

• 64 Tex. 546

Syllabus

<p>1. Article 1432, Revised Statutes, construed. — Judgment was entered in a justice’s court against the claimant of certain property which had been levied on under execution, for the value of the property, assessed at $70, $7 damages, with interest and costs of suit. An appeal was taken to the district court, one of the grounds for appeal being that the value of the property had been assessed too high. In the district court, judgment was given against the claimant for only $65.25, as the value of the property, but the interest had accumulated to such an extent that the entire amount of the judgment exceeded that given in the justice’s court. Held, that a literal construction of article 1432, Revised Statutes, would charge the claimant with the costs of the district court, but the reason and spirit of the law must prevail, and the claimant should not have been taxed with the costs of a pro- ' ceeding through which he righted a wrong and prevented injustice from being done him.</p>