Opinion

Brown v. Singer Sewing MacHine Company

  • 352 S.W.2d 306
  • 1961 Tex. App. LEXIS 2045
Court
Court of Appeals of Texas
Filed
Nov 15, 1961
Status
Published
On the bench
Hughes
Cited by
4 cases
Authority
More cited than 7.9%

The opinion

On Motion for Rehearing

Appellants pointing to the fact that the pleadings in prior suit No. 6351 disclosed that Mrs. Brown was a feme covert correctly state that the burden was on *308 Singer to plead and prove facts sufficient to overcome her disabiliy of coverture. Giles v. First National Bank of Brownfield, Tex.Civ.App., 257 S.W.2d 945 , Amarillo Civil Appeals. It follows that the judgment in Cause No. 6351 was not void. If a final judgment, it effectively adjudicated the nonliability of Mrs. Brown on the note and mortgage. It did nothing more. It did not adjudicate the title or right of possession of either of the sewing machines. It did not adjudicate appellant’s plea of rescission. In fact, the judgment reflects an intentional failure to rule on the plea for rescission. If the judgment in Cause No. 6351 was not a final judgment, it could not be the basis of a plea of res adjudicata. If it was a final judgment, it did not adjudicate the right of rescission which, alone, is accomplished by the judgment herein.

The motion is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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