Shamburger v. Glenn
| Decision Date | 14 November 1923 |
| Docket Number | (No. 2124.) |
| Citation | 255 S.W. 815 |
| Parties | SHAMBURGER v. GLENN et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Collingsworth County; J. A. Nabers, Judge.
Suit by C. D. Shamburger against Bob Glenn and others. Judgment for defendants and plaintiff appeals. Reversed and rendered.
R. H. Templeton, of Wellington, and Jos. H. Aynesworth, of Wichita Falls, for appellant.
J. E. Brown, Cocke & Gribble, and C. C. Small, all of Wellington, for appellees.
Appellant filed suit in the district court of Collingsworth county, against J. H. Steelman, one of the appellees herein, to recover upon a note for $1,690.65, and to foreclose a deed of trust and a mortgage. Subsequent to this, appellee Bob Glenn filed suit in said court to recover upon six vendor's lien notes and to foreclose a vendor's lien upon the land in controversy. These suits were, on motion, consolidated, and were tried together. Upon the judgment rendered at that trial, appeal was had to this court, and the judgment was reversed and remanded. 240 S. W. 701. On the second trial in the district court judgment was rendered for appellees, and appellant Shamburger has appealed from that judgment.
Appellant, by his assignments of errors Nos. 1 to 7 inclusive, presents the proposition that the judgment of the trial court was illegal and void in reopening the case as to Shamburger and Steelman after reversal, for the reason that the issues as between those parties had been adjudicated on the former trial, final judgment had been rendered, and no appeal taken therefrom.
The judgment rendered on the former trial was appealed from only by Bob Glenn. The judgment rendered at that trial, as between Shamburger and Steelman, was in favor of Shamburger for the amount of his note and for a foreclosure of his lien reserved in his chattel mortgage on the house. In the opinion rendered by this court, above referred to, the case was reversed because the trial court had refused to give Glenn judgment foreclosing his vendor's lien on the house situated upon the land and in not holding that his vendor's lien was superior to Shamburger's lien on the house given him by Steelman to secure the payment of a note given for lumber with which the house was built. On that appeal this court had no jurisdiction of any of the issues between Shamburger and Steelman. Glenn's cause of action was separate and distinct from Shamburger's. As between Shamburger and Steelman the jury on the...
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Simmons v. Wilson
...and established by appellees. Boone v. Hulsey, 71 Tex. 176, 9 S.W. 531; Levy v. Roper, 113 Tex. 356, 256 S.W. 251; Shamburger v. Glenn, Tex.Civ.App., 255 S.W. 815; Rose v. Baker, 143 Tex. 202, 183 S.W.2d 438; Slay v. Burnett Trust, 143 Tex. 621, 187 S.W.2d Finally, then, were Potter and his......
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Empire Gas & Fuel Co. v. Noble
...Court. Within less than a year from that date appellants sued out their execution. We agree with appellants that Shamburger v. Glenn (Tex. Civ. App.) 255 S. W. 815, 816, announces a correct rule where it is said: `Where there are separate causes of action, the judgment upon each cause of ac......
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Peck v. Powell
...this court jurisdiction of the case. Hugo v. Seffel, 92 Tex. 414, 49 S. W. 369. The rule announced by this court in Shamburger v. Glenn (Tex. Civ. App.) 255 S. W. 815, to the effect that, where there are separate causes of action, the judgment upon each cause is a separate judgment, and tha......
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Eckel v. First Nat. Bank of Ft. Worth
...the following cases: Rotsky v. Kelsay Lumber Company, Tex.Com.App., 228 S.W. 558, holding adopted by the Supreme Court; Shamburger v. Glenn, Tex.Civ.App., 255 S.W. 815; Adams v. Houston Nat. Bank, Tex. Com.App., 1 S.W.2d 878, holding approved by Supreme Court; Noble v. Empire Gas & Fuel Co.......