Nichols v. Dibrell
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. Appellants, on the 2d day of January, 1882, brought suit against appellee, setting up their homestead in two hundred acres of land, and complaining that the appellee was trespassing upon the sama and cutting down the timber, etc., and praying for injunction, etc. They obtained an order for a writ of injunction.
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Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. Appellants, on the 2d day of January, 1882, brought suit against appellee, setting up their homestead in two hundred acres of land, and complaining that the appellee was trespassing upon the sama and cutting down the timber, etc., and praying for injunction, etc. They obtained an order for a writ of injunction. Appellee filed a general demurrer and answer, setting up the plea of res ad judicata, and denying that the land was a part of the homestead of Nichols, or that it was ever used as such, or that it was contiguous to the…
1Opinion of the Court
Willie, Chief Justice.—
It is well settled 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 in the case and which they might have had decided. Danaher v. Prentiss, 22 Wis., 316; Bates v. Spooner, 45 Ind., 493; Le Guen v. Gouerneur, 3 Johns. Cas., 605; Shettlesworth v. Hughey, 9 Rich., 387. Or, as differently expressed, “ the plea of res judicata applies not only to points upon which the court was actually required to pronounce judgment, but to every point which…
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