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: 136
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136 YORI v. CARTWRIGHT. [Tyler Term,
Statement of the case.
that this defense was passed upon and determined by the
former judgment. (24 How., 334; 5 Wall, 566; 14 John.,
377.) But it may be that, owing to the inaccuracy of the
description of the note referred to in the claim upon which
the suit was brought, the case was decided without reaching
the merits of appellant's defense.
But we cannot say, from the slight discrepancy in the
description of the note intrusted to Selman for collection
in the claims upon which the two suits are brought, and
his right to the note and the money collected on it, by his
settlement and agreement with Lott, may not have been
passed upon and decided in the first suit; and as we
cannot, we must hold that the court erred in sustaining
the exceptions to appellant's answers setting up the judgment
in the former case as a bar to the present action.
The issue made by these answers should have been submitted
to the jury to be decided as they might find the
*fact to be from the record of the former trial, as explained
and interpreted to them by the instruction of the court,
and such extraneous evidence as might be submitted to
them by the parties.
The judgment is reversed and the cause remanded.
REVERSED AND REMANDED.
REBECCA YORK ET AL. V. AMANDA CARTWRIGHT ET AL.
1. NECESSARY PARTIES.-I11 an action of trespass to try title, where
the petition shows that the title of the plaintiff is dependent upon
the right to annul and vacate a judgment, the parties to such judgment
are necessary, and if not made parties, the cause should be
dismissed on demurrer.
2. Where the leading object of a suit is to annul or vacate a judgment,
the parties to the original suit or their privies are necessary parties.
APPEAL from Henderson. Tried below before the 1ton,
A. J. Fowler.
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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/m1/144/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .