1 Tex. 472 | Tex. | 1846
The appellant brought suit against the appellee' to recover the value of certain work and labor. The defendant, with other defenses to the action, set up a judgment, which he had obtained in the district court against the plaintiff, from which judgment there had been an appeal to the supreme court and had not been decided in that court. The'plaintiff objected to the setoff being received, but the objection was overruled, and the jury found a verdict in favor of the defendant for a considerable balance; whereupon the court rendered judgment in favor of the defendant for the amount so found, and his costs.
The court certainly erred in giving judgment against the plaintiff for costs, and so far it is in direct contravention of the 4th section of
Because, therefore, the court erred in rendering the judgment against the plaintiff for costs, and in admitting the judgment of the court at a former term (from which judgment an appeal had been taken) to be given in evidence as a setoff, the judgment is reversed and the cause remanded.