Hassell v. Nutt
Texas Supreme Court
Appeal from Anderson. On the second day of January, 1852, Hassell employed Nutt as Ms overseer for one year, for which Nutt was to receive one-fifth of the crop, and the use of a house on the farm. The agreement was in writing. About the first of April, Hassell discharged Nutt, without assigning any cause, and refused to pay him for his services already rendered, which Nutt offered to take ; hut ordered him to leave his premises immediately.
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Appeal from Anderson. On the second day of January, 1852, Hassell employed Nutt as Ms overseer for one year, for which Nutt was to receive one-fifth of the crop, and the use of a house on the farm. The agreement was in writing. About the first of April, Hassell discharged Nutt, without assigning any cause, and refused to pay him for his services already rendered, which Nutt offered to take ; hut ordered him to leave his premises immediately. Nutt thereupon sued Hassell August, 1852, alleging the contract and breach thereof in general terms, and claiming damages in general terms for five…
1Opinion of the CourtWheeler, J.
To have constituted the plea of a former judgment effectual as a bar, to a recovery in this case, it must have appeared, that the former judgment pleaded was a judgment upon the merits. (Foster v. Wells, 4 Tex. R. 101; 10 Pet. R. 298.) We think it sufficiently appears upon the face of the proceedings before the Justice, that the judgment was not rendered upon the merits. But it is sufficient to dispose of this ground of defence to the action, that it does not affirmatively appear, that the judgment was rendered upon a trial upon the merits. It was unnecessary for the plaintiff to resort to…
2Cited by13 opinions
- Howell v. KellyCourt of Appeals of Texas · 1976
- Rogers v. McGuffeyTexas Supreme Court · 1903
- San Antonio & A. P. Ry. Co. v. CollinsTexas Commission of Appeals · 1933
- Hearne v. GarrettTexas Supreme Court · 1878
- King v. GriffinCourt of Appeals of Texas · 1905
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