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: 131
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1875.] BLEDSOE v. WHITE. 181
Statement of the case.
administrator or bearer, such attorney cannot plead that such note
had been assigned to him by the administrator in payment of a debt
owed by the administrator to the attorney.
3. FORMER ADJUDICATION-PRACTICE.-A plea of former adjudication,
to which is annexed a copy of the proceedings il such former
suit, in which the course of action does not appear identical, but
accompanied by distinct averments that the matter adjudicated was
the identical subject matter, and that the trial was upon the merits,
should not be stricken out on exceptions. The matter should be
submitted to the jury.
APPEAL from Smith. Tried below before the Hon. Z.
Suit was brought in the District Court 11th May, 1872,
by C . . White, administrator de bonis non of the estate of
Lewis Jones, deceased, against John S. Bledsoe, administrator
of the estate of B. T. Selman, deceased, to establish
a claim against the estate of Selman for the sum of eighteen
hundred and seventy-five dollars, on account of money collected
in part by said Selman on a note for $1,026 against
J. W. Davenport and Drury Smith, as principals, and R.
YW. Chapman and Wm. Davenport, as sureties, dated 1st
January, 1861, and payable twelve months after date, with
interest, to E. E. Lott, administrator of the estate of Lewis
Jones, deceased, or bearer, placed by Lott in the hands of
Selman, as an attorney at law, for collection, and in part
by Mrs. Serena Selman, surviving wife, after the death of
On the 28th July, 1871, the defendant filed in answer
two special pleas in bar. The first, plea of former trial on
the merits between the same parties, and a recovery by the
defendant, to which there was appended and made part of
the plea a complete transcript of the proceedings in the
The second plea alleged that B. T. Selman had been the
attorney of E. E. Lott, administrator of Lewis Jones, deceased,
in the administration of his estate, and also Lott's
attorney generally for a number of years, and that during
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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/m1/139/: accessed March 17, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .