Girardin v. Dean

Citations

• 49 Tex. 243

Syllabus

<p>1. Plea of res adjudicata.—The applicability of the plea of res adjudicata depends upon the identity of the cause of action or matter of defense in issue, and not the identity or similarity of the points or grounds urged to support the action or matter of defense.</p> <p>2. Judgment, conclusiveness of.—All the matters involved in the issue determined by the court are as fully concluded by the judgment as those considered and discussed, if the matter put in issue has been determined on its merits.</p> <p>3. Res adjudicata—Parties.—The fact that parties in the first suit are not identically the same as those in the second, when the first case was decided on its merits, and not upon exception to the joinder or non-joinder of parties, is no answer to the plea of former judgment.</p> <p>4. Same—Practice.—The plea of former judgment being sustained as to part of the plaintiffs, under our liberal system of practice, the remaining plaintiffs, in an effort to protect themselves against the collection of a tax, could proceed with the suit, if after such dismissal the court had jurisdiction of the suit as changed, by the effect of the plea, as to the other plaintiffs.</p> <p>5. Same—Want of Jurisdiction.— The aggregate amount of the taxes sought to be enjoined having been reduced by the effect of the plea of former judgment below the sum of five hundred dollars, the District Court had no jurisdiction, and it was therefore error to render any other judgment than a dismissal.</p>