Bertrand v. Bingham's Adm'x
Texas Supreme Court
Appeal from Brazoria. Action by the appellant, on a promise in writing by the appellee, to pay money to Edwin Waller or order, assigned to Thomas L. Bertrand and Gustavus A. Bertrand, assigned to Thomas L. Bertrand. This action was commenced on the 26th of February, 1851. On the 21st of February, 1848, one Jonathan D. Waters had sued the said T. L. and G. A. Bertrand on a promissory note, as assignee of the present defendant, who was the payee in the note.
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Appeal from Brazoria. Action by the appellant, on a promise in writing by the appellee, to pay money to Edwin Waller or order, assigned to Thomas L. Bertrand and Gustavus A. Bertrand, assigned to Thomas L. Bertrand. This action was commenced on the 26th of February, 1851. On the 21st of February, 1848, one Jonathan D. Waters had sued the said T. L. and G. A. Bertrand on a promissory note, as assignee of the present defendant, who was the payee in the note. The Bertrands being then the holders of the claim now sued on, pleaded it in set-off, alleging that the assignment of the note to Waters…
1Opinion of the CourtWheeler, J.
There is and can be no controversy as to the rule of law invoked by the defendant; that is, that a matter once litigated and determined by competent authority cannot a second time be brought in controversy between the same parties. In the concise and perspicuous language of Lord Chief Justice De Grey in the Duchess of Kingston’s case, so universally quoted with approbation, “ the judgment of a “ Court of concurrent jurisdiction, directly upon the point, is, “asa plea, a bar; or as evidence, conclusive, between the “ same parties, upon the same matter, directly in question in “ another Court.”…
2Cited by7 opinions
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- White v. HollandCourt of Appeals of Texas · 1920
- Dent v. StateCourt of Criminal Appeals of Texas · 1901
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