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: 158
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-158 . SNOW V. WALKER. [Tyler Term,
Opinion of the court.
the court admitting in evidence these proceedings, and the
exceptions of the plaintiffs to defendant's pleading, and
the judgment sustaining the defendants' pleas in estoppel
as to the adult plaintiffs, are assigned for error as the
grounds for reversing the judgment.
The authorities cited in the brief of counsel for these
parties are not regarded as applicable to this case. The
judgments of the County Court were each for a sum within
the jurisdiction of the court.
It is not necessary to inquire how the amount due from
one party to the other was arrived at. The parties themselves
might have made the settlement, instead of submitting
it to arbitration. The County Court did not take
jurisdiction over the settlement, but after it was made the
parties appeared, by their attorneys, and the judgment
was entered up, without objection, in each of the cases, all
in favor of H. J. Snow and against Mrs. Nichols for a
sum over which the County Court had jurisdiction, and
corresponding in the aggregate with the amount awarded
to plaintiff in the suits. The adult plaintiffs, except Lewis
Felts, had notice, and consented to the proceedings in the
County Court, as admitted on the trial, and the judgments
were acquiesced in for some time after the rendition, as
appears by the payment made by Mrs. Nichols.
The plaintiff, Lewis Felts, who did not consent to the
settlement in the County Court, recovered the shares of
his deceased wife, and his right to recover in the capacity
in which he sues is not questioned by the other parties, and
is not considered in the disposition now made of the case.
We are of opinion that there is no error in the rulings
and judgment of the District Court, on any of the grounds
assigned by either party, and the judgment is in all things
The application for damages on defendant's suggestion
o7 delay is refused.
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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/m1/166/: accessed June 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .