Hopkins v. Orr

Citations

• 124 U.S. 510
• 8 S. Ct. 590
• 31 L. Ed. 523
• 1888 U.S. LEXIS 1888

Syllabus

<p>A promissory note, upon wliicli the defendant is shown to have admitted liis indebtedness to the plaintiff, may be given in evidence under a count for money had and received.</p> <p>The omission of the word “ dollars,” in a verdict for the plaintiff in an action of assumpsit, does not affect the validity of a judgment thereon.</p> <p>Under a statute authorizing an appellate court “ to examine the record, and, on the facts therein contained alone, award a new trial, reverse or affirm the judgment, or give such other judgment as to it shall seem agreeable to law,” a judgment on a general verdict may be affirmed, if the evidence in the record supports any count in the declaration.</p> <p>Under a statute requiring an appellant to give bond, with sureties, to prosecute his appeal to a decision in the appellate court, and to perform the judgment appealed from, if affirmed; and enacting that if the judgment of the appellate court be against the appellant, it shall be rendered against him and his sureties; a judgment of the appellate court, affirming a judgment below for a sum of money and interest, upon the appellee’s remitting part of' the interest, may be rendered against the sureties, as well as against the appellant.</p>