Parker v. Schmeltekopf

SHANNON, Justice.

The issue in this appeal involves the principle of res judicata. More specifically, the question concerns whether or not persons, who were not parties in a prior suit, may assert the judgment in the prior suit to bar a second suit. Under the facts of this case we are of the opinion that the second suit was not barred by the judgment in the first.

Appellants, Jimmy C. Parker and other “citizen-protestants,” appeal from the judgment of the district court of Hays County granting the application of appellee, Walter Schmeltekopf, Jr., for a wine and beer retailer’s permit for a…