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: 132
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132 BLEDSOE V. WHITE. [Tyler Term,
Statement of the case.
the time he had attended to a great deal of professional
business for him, and that his services therefor were reasonably
worth two thousand dollars; that at no time had
Lott paid him any money for his services; that the promissory
note mentioned in plaintiff's petition was the only
claim belonging to the estate of Lewis Jones, deceased,
that had ever been placed in his hands for collection by
said Lott; and that Lott and Selman, a short time before
the death of Lott, had a full and complete settlement of
the matters between them; that on said settlement Lott
was found to be indebted to Selman for professional services
rendered by Selman as aforesaid in the sum of two
thousand dollars, and that Lott held and transferred said
note, with the credits thereon, to Selman, in full satisfaction
and discharge of said indebtedness; that Selman.
accepted the same as such, and that the note thereby
became his property, and was claimed, held, and used by
him as such at the time of his death, and afterwards by
his surviving wife.
On the 28th March, 1872, the plaintiff excepted to defendant's
answer, on the ground that it did not present any
legal or equitable defenses to plaintiff's cause of action.
The court sustained the motion so far as to strike out the
plea of former trial on the merits. The defendant excepted
to the ruling of the court, and asked leave to
amend, and that the case be continued to the next term of
the court, and the court granted the defendant leave to
amend, aind continued the case.
Amending on the 26th of March, 1873, the defendant
filed a special plea in bar, alleging a former trial between
the same parties on the merits. To this plea was appended
and made part of it the certified transcript of the record of
proceedings in the former suit. The facts and circumstances,
which, together with the record of the former suit,;
showed that there had been a trial on the merits and.a
verdict and judgment for the defendant in the former suit,
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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/m1/140/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .