Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 106
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103 RENN v, SAMOS. [Tyler Term,
Opinion of the court.
several distinct original suits against as many different
Other facts appear in the opinion.
E. W. Bush, for appellants.
Reagan, Greenwood & Gooch, for appellee and for motion
We submit, on the following authorities, that the judgment
appealed from as against Wiggins is not a final
judgment: Hanks v. Thompson, 5 Tex., 6; Warren r.
Shuman, 5 Tex., 441; Hancock v. Metz, 7 Tex., 177;
Bradshaw v. Davis, 8 Tex. 344; Green v. Banks, 24 Tex.,
525; Fitzgerald v. Fitzgerald, 21 Tex., 415; Neyland v.
White, 25 Tex., 320; Scott v. Burton, 6 Tex., 322; Hagood
v. Grimes, 24 Tex., 16; West v. Bagby, 12 Tex., 34;
Martin v. Wade, 22 Tex., 224.
The chancery practice and pleadings has no application
to our courts, except so far as adopted by express legislation.
(Johnson v. Davis, 7 Tex., 175; Seguin v. Maverick,
24 Tex., 533.)
MOORE, ASSOCIATE JUSTICE.-All the matters in controversy
between the plaintiffs and defendants in the original
suit out of which the matters now in controversy have
grown have; as clearly appears from the transcript, been
fully and finally disposed of in accordance with the decisions
of our predecessors when the case was heretofore in
this court. (See 37 Tex., 240; 33 Tex., 760.) The matters
which we are now asked to review and determine are
mere incidents to the original suit, and grew out of proceedings
had by way of motions and plaints made in it and
the action of the court upon them. In these proceedings
the defendants to the suit have no interest. They involve
the rights and liabilities of the plaintiffs to the suit and the
parties by and against whom they were had. Although
they were incident to and grew out of the suit between the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/114/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .