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25 Tex. 322

Pillow v. Eliot

Texas Supreme Court

Decided October 15, 1860

Texas Supreme Court · decided 1860-10-15

Error from ¡Navarro. The ease was tried before Hon. John GHtEGU, one of the district judges. Eliot & Love sued Pillow and others on promissory notes. The defense was, that the same plaintiffs had sued the same defendants before a justice of the peace, and the judgment had been rendered in favor of the defendants. The court disregarded the plea, and rendered judgment for the plaintiff.

Decided 1860-10-15

Wheeler, C. J.

¶1—The several judgments of the justice, which were pleaded by the defendants, manifestly were not adjudications upon the merits of the cause; but were, as they purport, judgments of non-suit, and consequently were not pleadable in bar of the action.

¶2Judgment affirmed with damages.

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