Legal Opinion

White House Lumber Co. v. Denny

Court of Appeals of Texas

Decided October 8, 1934No. 4273Published

1Opinion

On Motions for Rehearing.

Appellants and appellees have each filed motions for rehearing.

The right of appellants to prove by Mc-Corkle that his debt to appellees had been paid prior to the rendition of their judgment against him is vigorously attacked in a motion by .appellees, evidencing much industry and research. Their contention is based largely upon the following: “34 C. J. 1049, par. 1483, holds as follows: ‘Under exceptions to rule; * * ⅜ Also, it is generally held that, where no fraud or collusion has been shown in the recovery of a judgment, it is conclusive, even as against third…

2Cases cited8 opinions

  1. White v. HillSupreme Court of Alabama · 1912
  2. Fly v. ClineCalifornia Court of Appeal · 1920
  3. Succession of BarthSupreme Court of Louisiana · 1934
  4. Drinkard v. OdenSupreme Court of Alabama · 1907
  5. Powell v. Robinson & LedyardSupreme Court of Alabama · 1884

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