
    Chevallier’s Adm’r v. The State.
    The plea of setoff is not admissible against the State.
    Interest accrues in favor of the State same as between individuals.
    Error from San Augustine. Charles Chcvallier, the deceased intestate, was sued hy the State on a written instrument by which the said Chevallier acknowledged in substance that lie owed to the government of the Republic of Texas the sum of seven hundred and xs07ff dollars for duties on merchandize previously imported by him into the Republic. He pleaded by way of set-off several claims against the government. A demurrer to this plea by the plaintiff was sustained, and judgment was rendered for the full amount of the debt acknowledged, with legal interest from the date.
    The errors assigned were—
    1st. The sustaining the exception to the plea of set-off, and,
    2d. Tlie refusal to charge the jury that the claim sued upon did not hear interest.
    
      T. J. Jennings, for plaintiff in error.
    
      B. S. Walker, for defendant in error.
   Hemphill, Ch. J.

To answer the first objection, it is only necessary to refer to the admitted principle that- no action can be instituted on a claim against the government at the instance of an individual, either directly or indirectly, by way of set-off, unless by the sanction of express law to that effect, and that no such authority has been given by the statutes of this State. (2 Tex. R., 594, 616.)

The second ground is equally unsubstantial. The law declares that on all written contracts ascertaining the sum due, legal interest, no specific rate being expressed, shall be taken anil allowed. This is a written contract acknowledging indebtedness and implying promise of payment. As-between individuals it would bear interest, and there is no legal principle which'would divest it of this incident when between the government and an individual. The judgment is affirmed with damages.

Affirmed with damages.  