Streeper v. Ferris

Citations

• 64 Tex. 12

Syllabus

<p>1. Case approved and limited.— Ferris v. Streeper, 59 Tex., 312, which declares the right of one interested in the subject-matter of litigation to make himself a party, and to assert his rights even after judgment, and move for a new trial, referred to, approved and limited.</p> <p>2. Same — Supersedeas.— One thus interested, against whom no judgment is rendered, who after judgment appears and appeals in his own right from a judgment refusing his motion for new trial, does not by such appeal affect the right of the successful party to enforce the collection of his judgment against property ordered to be sold to satisfy the judgment rendered against a third party in the cause who did not appeal.</p> <p>3. Damages — Unauthorized suit.— One who without authority brings a suit, or prosecutes an appeal in the name of another, whereby damage results to a third party, is liable therefor. Following Foster v. Dow, 39 Me., 445; Smith v. Hyndman, 10 Cush., 554, and other cases noticed in the opinion.</p> <p>4. Measure of damages.— The measure of damages against one who, without authority, appeals from a judgment against another in the name of such other (the judgment remaining in full force), cannot exceed the balance due on the judgment, with the costs of the proceeding in which it was rendered, and the costs of the action brought to enforce its collection.</p>