Morris v. White

Court of Appeals of Texas

Morris v. White

380 S.W.2d 916, 1964 Tex. App. LEXIS 2678

CourtCourt of Appeals of Texas

DecidedMay 27, 1964

DocketNo. 14295

StatusPublished

Cited by1 cases

This text of 380 S.W.2d 916 (Morris v. White) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Morris v. White, 380 S.W.2d 916, 1964 Tex. App. LEXIS 2678 (Tex. Ct. App. 1964).

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Opinion

POPE, Justice.

Plaintiff, Chester R. Morris, has appealed from a summary judgment. The basis for the judgment was res judicata, which may be presented by a motion for summary judgment. Gardner v. Martin, 162 Tex. 156, 345 S.W.2d 274. Defendants’ motion showed that the 53rd District Court of Travis County, on December 29, 1960, entered a summary judgment against Morris on the same action here asserted. The Supreme Court of Texas has declared that judgment a final one with respect to the University of Texas, the State of Texas, Arno Nowatny, Carl Bredt, deceased, and Paul White. University of Texas v. Morris, 163 Tex. 130, 352 S.W.2d 947. Notwithstanding that final judgment, Morris filed this action, the same one against the same parties, in Bexar County. The plea was properly sustained. Morris v. Johnson, Tex.Civ.App., 348 S.W.2d 228.

The judgment is affirmed.

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POPE, Justice.

Plaintiff, Chester R. Morris, has appealed from a summary judgment. The basis for the judgment was res judicata, which may be presented by a motion for summary judgment. Gardner v. Martin, 162 Tex. 156, 345 S.W.2d 274. Defendants’ motion showed that the 53rd District Court of Travis County, on December 29, 1960, entered a summary judgment against Morris on the same action here asserted. The Supreme Court of Texas has declared that judgment a final one with respect to the University of Texas, the State of Texas, Arno Nowatny, Carl Bredt, deceased, and Paul White. University of Texas v. Morris, 163 Tex. 130, 352 S.W.2d 947. Notwithstanding that final judgment, Morris filed this action, the same one against the same parties, in Bexar County. The plea was properly sustained. Morris v. Johnson, Tex.Civ.App., 348 S.W.2d 228.

The judgment is affirmed.

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380 S.W.2d 916, 1964 Tex. App. LEXIS 2678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-white-texapp-1964.

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