Still v. Lombardi
Court of Appeals of Texas
Appeal from Wicbita. Tried below before Hon. Geo. E. Miller. 1. When judgment is rendered on a note it thereby becomes extinguished, and is merged in the judgment and changed into a higher right, a matter of record, and no other judgment can be had thereon between the same parties. 2 Black on Judg., sec. 674; Freem. on Judg., secs. 215, 216; 1 Herm. on Estop., sec. 144. 2. The judgment of a court of competent jurisdiction on a cause of action tried on its merits is not only…
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Appeal from Wicbita. Tried below before Hon. Geo. E. Miller. 1. When judgment is rendered on a note it thereby becomes extinguished, and is merged in the judgment and changed into a higher right, a matter of record, and no other judgment can be had thereon between the same parties. 2 Black on Judg., sec. 674; Freem. on Judg., secs. 215, 216; 1 Herm. on Estop., sec. 144. 2. The judgment of a court of competent jurisdiction on a cause of action tried on its merits is not only conclusive between parties thereto and their privies on all points directly involved and determined by it, but is final,…
1Opinion of the Court
HEAD, Associate Justice.
On March 7, 1887, William Still executed to C. Lombardi a note for the sum of $542, payable to his order on or before March 7,1891, with interest at the rate of 10 per cent per annum from date, and stipulating for the payment of 10 per cent as attorney’s fees, in case of legal proceedings. This note, with others, was given for the purchase money of the land described in the petition herein, and a vendor’s lien to pay the same was expressly reserved.
This note was by the payee, C. Lombardi, indorsed in blank and delivered to the Houston Land and Trust Company; and said…
2Cited by6 opinions
- Petri v. MannyWashington Supreme Court · 1918
- Daniel Lumber Co. v. SettlemireCourt of Appeals of Texas · 1953
- Gammage v. WeinbergCourt of Appeals of Texas · 1962
- Gray v. AltmanCourt of Appeals of Texas · 1912
- United States Fidelity & Guaranty Co. v. Century Indemnity Co.Court of Appeals of Texas · 1935
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