Smith v. Wayman
Texas Supreme Court
1DissentJustice Hart
It is a fundamental general principle of our jurisprudence that all persons are entitled to their day in court and that judgments are not binding against persons who are not parties to the suit in which the judgment is rendered. See Kirby Lumber Corp. v. Southern Lumber Co., 145 Texas 151, 154, 196 S. W. (2d) 387, 389, 169 A. L. R. 174, 177; Shaw v. Cunningham, Tex. Civ. App., 42 S. W. (2d) 685, writ refused; 30 Am. Jur., Judgments, sec. 220, p. 951; 50 C. J. S., Judgments, sec. 762, p. 288. Neither the petitioners nor any of their predecessors in title were parties to the receivership…
2Cases cited21 opinions
- Slay v. Burnett TrustTexas Supreme Court · 1945
- Kerrison v. StewartSupreme Court of the United States · 1876
- Kirby Lumber Corp. v. Southern Lumber Co.Texas Supreme Court · 1946
- Lower Colorado River Authority v. Chemical Bank & Trust Co.Texas Supreme Court · 1945
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1895
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