Treasurer of the State v. Wygall

Citations

• 51 Tex. 621

Syllabus

<p>1. Bes adjüdicata—Suit against the State.—Suit was brought February 5, 1S07, under article 3676 of Paschal’s Digest, for assets of an estate deposited with the State treasurer, in default of heirs. Subsequently, March 20, 1871, suit was brought by other claimants. The latter suit was first prosecuted to final judgment. In the first suit, the judgment rendered in the second was pleaded in bar: Held, That until such judgment is set aside in some proceeding for that purpose, being a judgment of a court of competent jurisdiction, it must be respected to the extent that it would protect the State from a subsequent inconsistent adverse judgment; and held error in the court below to disregard such plea.</p> <p>2. Estates—Suit for assets against the State.—Suit by heirs may be maintained for assets, whether reduced to funds by collection or not. Heirship being established, the purpose of the law requiring the deposit is obtained.</p> <p>3. Same.—The same strictness is not required in such cases as in other suits against the State.</p>