The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 81

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 81

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: conclusive of such matters as were esscntial to be "determined l)('fl)l'('. the judgment could be rendered" (_l'hilipowski v. Spencer, 635 Texas, 607), and is not conclusive as to collateral issues or any matter which must be inferred from it. Id.; Oldham v. Mclvcr, 49 'l'cas, 372. Although the rule is familiar that all matters put in litigation in a prior suit which could have been decided are concluded, it does not obtain where the decree itself shows that the issue was not passed on by the court. Teal v. Terrell, 48 Texas, -191. Under these principles we think the facts show beyond controversy that the contention of appellants is not sustained that any other issue was determined by the Supreme Court of the Chickasaw Nation than the validity of the nuncupative will of George D. James and Love's appointment as administrator. It is manifest fi'om the verdict of the jury and the decree of the Supreme Court that such only were the vital issues involved and determined; and applying the strongest language in which the rule on the subject under discussion is couched on behalf of the appellants, '' that the decision of a court of competent jurisdiction is conclusive not only as to the subject matter determined but as to every other matter which the parties might have litigated," etc., still it would have no application in a second suit involving other and different questions and parties. Nichols v. Dibrell, 61 Texas, 541. It does not appear that any other question was involved in that suit than the validity of the will of George D. James. Upon that issue it was determined adversely to her, and to that extent it is res adjudicata, and the court in this case was correct in so more

Product details

  • Paperback | 366 pages
  • 189 x 246 x 19mm | 653g
  • United States
  • English
  • black & white illustrations
  • 1236741420
  • 9781236741424