Cook v. Thornhill
Texas Supreme Court
Error from Galveston. Action by the defendant in error by her next friend, Alexander Tennell, against the plaintiff in error, to recover two certain slaves named George and Jackson.
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Error from Galveston. Action by the defendant in error by her next friend, Alexander Tennell, against the plaintiff in error, to recover two certain slaves named George and Jackson. There was no statement of facts, but it appeared from the petition and from the record of an action in the State of Mississippi between the same parties, which was made a part of the petition, that the slaves belonged to the plaintiff, say in 1830, in the State of Virginia, where the plaintiff resided, and was a lunatic with a committee of her estate duly appointed; that in 1835 said slaves were taken by a brother…
1Opinion of the CourtWheeler, J.
The record of the judgment recovered in the State of Mississippi establishes the right of the plaintiff to recover, in the name and capacity in which she now sues. Her right to sue by her next friend was matter material and traversable in that suit; and as to that matter the judgment is final and conclusive. (1 Greenl. Ev. 528, 548.)
It cannot be pretended that the Court in Mississippi had not jurisdiction to try and determine the question of the right of the plaintiff to sue and recover in the action brought there, by her next friend ; and having jurisdiction of the parties and the subject…
2Cases cited1 opinion
- Hampton v. M'connelSupreme Court of the United States · 1818
3Cited by10 opinions
- Mitchim v. MitchimTexas Supreme Court · 1975
- Bleakley v. BarclaySupreme Court of Kansas · 1907
- American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Garman v. ReynoldsCourt of Appeals of Texas · 1955
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