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: 135
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1875.] BLEDSOE V. WHITE. 135
Opinion of the court.
viously adjudicated on its merits by a court of competent
jurisdiction in a suit between the parties, however erroneous
may have been the conclusion or judgment of such
court, the matter cannot bo litigated again in another action
between the parties to the former suit or their privies.
Appellant, especially in his amended answer alleging a
former judgment, makes the distinct and positive averment
that a former suit was prosecuted against him on the same
cause of action upon which this one is brought; that it
was made a question in that suit whether or not Selman
was entitled to collect the same note, for the collection of
which it is now sought to charge his estate for his own
use, and whether he became the owner of it by the settlement
between him and Lott, and that issue was joined
between the parties on this question, and the case was
decided on its merits.
A copy of the alleged former judgment is made a part
of the answers.
An inspection of the record shows that both suits were
brought on claims for money presented by appellee to the
representative of the estate of Selman. There is a slight
difference in the amounts alleged in the claims to be due
appellee's estate; and the note upon which the money is
charged to have been collected is not described precisely
alike, or, indeed, with entire accuracy in either of the
claims presented to appellant. But, from the description
given in them, there is little doubt that the same note is
referred to in both. Appellant, in his answers in both
cases, alleges that Selman never received but one note
payable to Lott as administrator of Jones.
The court cannot say, as matter of law, that the defense
set up in this case was or was not passed upon in the former
suit upon its merits. The record, however, shows
that an issue was joined on the same defense presented
in appellant's answer in this case. In the absence of proof
to the contrary, this would seem to warrant the conclusion
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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/m1/143/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .