Wells v. Stonerock

Mr. Commissioner CRITZ

delivered the opinion of the court.

This suit was filed by J. T. Wells and W. M. Collie against J. W. Stonerock. The Court of Civil Appeals (24 S. W. (2d) 94), holds that the petition in the district court is in the nature of a bill of review. We think that the petition cannot be so treated, as one of the parties to the judgment sought to be revised is not made a party to this suit. Certainly a judgment cannot be revised in a suit in the nature of a bill of review unless all parties interested in the subject matter of the suit, which in this instance is a judgment, are…