Pillow v. Eliot , 25 Tex. 322 ( 1860 )

Wheeler, C. J.

—The several judgments of the justice, which were pleaded by the defendants, manifestly were not adjudications upon the merits of the cause; but were, as they purport, judgments of non-suit, and consequently were not pleadable in bar of the action.

Judgment affirmed with damages.