Texas Supreme Court, 1921

Padgitt v. Young County

Padgitt v. Young County
Texas Supreme Court · Decided March 23, 1921 · Phillips
229 S.W. 459; 111 Tex. 98; 1921 Tex. LEXIS 65 (South Western Reporter)

Padgitt v. Young County

Opinion of the Court

Mb. Chief Justice PHILLIPS

delivered the opinion of the court.

This case is withdrawn from the Commission of Appeals.

It appearing that the judgment against the plaintiffs in error which is sought to be here reviewed has been paid and satisfied and the liability of the plaintiffs in error extinguished, we can see no reason for continuing the case here and determining the questions presented, as the plaintiffs in error insist. While the payment of the judgment seems not to have been made by the plaintiffs in error themselves, but by a stranger to the record out of whose transactions the suit arose, yet it is not controverted that the payment made has been accepted by Young County, the judgment creditor. This precludes any further assertion by Young County of the liability of the plaintiffs in error. Young County has by motion here advised us of such payment and expressly recognizes the satisfaction of the judgment. The case has therefore become moot, and the writ of error is ordered dismissed.

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