Moss v. Katz & Mayer

Citations

• 69 Tex. 411
• 6 S.W. 764
• 1887 Tex. LEXIS 842

Syllabus

<p>1. Practice. — The action of the court below in refusing to postpone the trial of a cause can not be considered in the absence of a bill of excep tions.</p> <p>3. Account. — The printed heading to an account of goods sold contained the following words and figures:</p> <p>Terms 1 30 days discount 5 per cent</p> <p>Cash f 10 “ “ 6 “ “</p> <p>Seld, in the absence of evidence to the contrary, that the price for the ■ goods sold was due on delivery, yet, if the money was paid in thirty days, a discount of five per cent, and, if paid in ten days, a discount of six per cent would be allowed to the debtor.</p> <p>B. Attachment. — In attachment proceedings, a prayer for the foreclosure of the attachment lien on personal property is unnecessary; the statute directs the foreclosure when judgment is for the plaintiff in attachment.</p>