Bomar v. Parker
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. The court adopted the opinion of the Commissioners of Appeals, rendered on a former appeal of this case, holding that the judgment rendered in favor of appellees on demurrer September 22, 1879, was res adjudicata of appellant’s claim in this suit, and reversed the case, with leave to appellant to amend.
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Appeal from Grayson. Tried below before the Hon. Richard Maltbie. The court adopted the opinion of the Commissioners of Appeals, rendered on a former appeal of this case, holding that the judgment rendered in favor of appellees on demurrer September 22, 1879, was res adjudicata of appellant’s claim in this suit, and reversed the case, with leave to appellant to amend. The only substantial change in his pleading made by appellant under this leave, was to allege that after the court rendered the judgment of September 22, 1879, his counsel desired to be present when the minutes were signed and…
1Opinion of the Court
Gaines, Associate Justice.
This cause was before this court on a former appeal and is reported under the title of Parker v. Spencer, 61 Texas, 155. The judgment then appealed from was affirmed as to appellee Spencer, but reversed as to the present appellant, upon the ground that the court erred in overruling the exceptions of his co-defendants in the court below to his cross bill against them. The ground of the demurrer was that the cross bill showed upon its face that there had been a former adjudication of the cause of action therein stated. The cause was remanded to allow Bomar, the present…
2Cases cited6 opinions
- Parker v.SpencerTexas Supreme Court · 1881
- Frankland v. CassadayTexas Supreme Court · 1884
- Burns v. LedbetterTexas Supreme Court · 1882
- Hughes v. LaneTexas Supreme Court · 1860
- Dixon v. ZadekTexas Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Vivianne Jade Washington v. Investigator Hugh HowardCourt of Appeals for the Eleventh Circuit · 2022
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
- Kempner v. HuddlestonTexas Supreme Court · 1896
- Pennington v. GillaspieWest Virginia Supreme Court · 1910
- Roberts v. ArmstrongTexas Commission of Appeals · 1921
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