Bailey v. Rogers, 631 S.W.2d 784 (Tex. App. 1982). · Go Syfert
Bailey v. Rogers, 631 S.W.2d 784 (Tex. App. 1982). Cases Citing This Book View Copy Cite
71 citation events (35 in the last 25 years) across 2 distinct courts.
Strongest positive: Darryl Heffner v. Janelle Haverkamp, Paul Wright, the Wright Law Firm, L.L.P., Charles Beachley, Beachley Smith P.L.L.C., Christopher Henry, Minor & Jester, P.C., and Tiffany Wright (txctapp2, 2026-06-11)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (rule) Darryl Heffner v. Janelle Haverkamp, Paul Wright, the Wright Law Firm, L.L.P., Charles Beachley, Beachley Smith P.L.L.C., Christopher Henry, Minor & Jester, P.C., and Tiffany Wright
txctapp2 · 2026 · confidence medium
Maddox v. Hutchens, No. 2-02-159-CV, 2003 WL 21983260 , at *1 (Tex. App.—Fort Worth Aug. 6 21, 2003, no pet.); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ); see also Smale v. Williams, 590 S.W.3d 633 , 639 (Tex. App.—Texarkana 2019, no pet.) (“The law is well settled that ‘[a] party proceeding pro se must comply with all applicable procedural rules’ and is held to the same standards as a licensed attorney.” (quoting Paselk v. Rabun, 293 S.W.3d 600, 611 (Tex. App.—Texarkana 2009, pet. denied)).
cited Cited as authority (rule) Tyrice Holcomb v. XPROUSA Moshin, LLC
txctapp2 · 2026 · confidence medium
Weaver, 942 S.W.2d at 169 ; Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
cited Cited as authority (rule) In the Interest of S.D.S., a Child v. the State of Texas
Tex. App. · 2025 · confidence medium
Id. (citing Bailey v. Rogers & Keyser, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ)).
cited Cited as authority (rule) Ricardo Ramos v. Veracruz Foods, LLC A/K/A El Rancho Inc.
Tex. App. · 2022 · confidence medium
Weaver, 942 S.W.2d at 169 ; Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
cited Cited as authority (rule) in Re William Charles Webb
Tex. App. · 2021 · confidence medium
Comm’n, 801 S.W.2d 5, 8 (Tex. App.—Houston [14th Dist.] 1990, writ denied); Bailey v. Rogers & Keyser, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ)).
cited Cited as authority (rule) in the Matter of the Marriage of Bryan Blackheart and Dawniel Blackheart
Tex. App. · 2021 · confidence medium
Id. (citing Bailey v. Rogers & Keyser, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ)).
discussed Cited as authority (rule) Ernest Gonzales v. Thorndale Cooperative Gin and Grain Company
Tex. App. · 2019 · confidence medium
Star-Telegram, Inc. v. Doe, 915 S.W.2d 471, 473 (Tex. 1995); Heritage Gulf Coast Props., Ltd. v. Sandalwood Apartments, Inc., 416 S.W.3d 642, 653 (Tex. App.—Houston [14th Dist.] 2013, no pet.); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
discussed Cited as authority (rule) Flare Ten-Booms v. Deborah L. Obregon
Tex. App. · 2011 · confidence medium
See Malooly Bros., Inc. v. Napier , 461 S.W.2d 119, 121 (Tex. 1970); Long v. Long , 196 S.W.3d 460, 468-69 (Tex. App.--Dallas 2006, no pet.); Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ).
discussed Cited as authority (rule) Barry Michael Smith, Jr. v. State
Tex. App. · 2011 · confidence medium
See Malooly Bros., Inc. v. Napier, 461 S.W.2d 119, 121 (Tex. 1970); Long v. Long, 196 S.W.3d 460, 468-69 (Tex. App.—Dallas 2006, no pet.); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
discussed Cited as authority (rule) Linda Baldwin v. Northrop Grumman Information Technology (2×)
Tex. App. · 2011 · confidence medium
See Scott v. Galusha , 890 S.W.2d 945, 948 (Tex. App.--Fort Worth 1994, writ denied); Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ).
discussed Cited as authority (rule) State v. Jennifer Brewer (2×)
Tex. App. · 2011 · confidence medium
See Scott v. Galusha, 890 S.W.2d 945, 948 (Tex. App.—Fort Worth 1994, writ denied); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
discussed Cited as authority (rule) James Francis Bagan v. Karl Hays and the Estate of Edwin J. Terry (2×)
Tex. App. · 2010 · confidence medium
Scott v. Galusha , 890 S.W.2d 945, 948 (Tex. App.--Fort Worth 1994, writ denied); Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ).
discussed Cited as authority (rule) James Francis Bagan v. Karl Hays and the Estate of Edwin J. Terry (2×)
Tex. App. · 2010 · confidence medium
Scott v. Galusha, 890 S.W.2d 945, 948 (Tex. App.—Fort Worth 1994, writ denied); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
cited Cited as authority (rule) William Espinoza Pena v. David W. McDowell, Lennis R. Nichols, Elwin E. Hogan, Stacy Johnson, Tracie L. Shirey and Raymond E. Thompson
Tex. App. · 2009 · confidence medium
Weaver, 942 S.W.2d at 169 ; Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.–Austin 1982, no writ).
discussed Cited as authority (rule) Lavern Bracy v. Wal-Mart Stores, Inc.
Tex. App. · 2007 · confidence medium
Ass'n , 716 S.W.2d 181, 182-83 (Tex. App.—Fort Worth 1986, no writ) (affirming summary judgment “because summary judgment may have been granted, properly or improperly,” on the ground set out in the motion, and the appellant did not challenge that ground); see also Bridges v. Citibank (S.D.) N.A. , No. 02-06-00081-CV, 2006 WL 3751404 , at *1 (Tex. App.—Fort Worth Dec. 21, 2006, no pet.) (holding that “[w]hen a trial court’s order granting summary judgment does not specify the ground or grounds relied on for its ruling, and its judgment rests upon more than one independent ground or…
cited Cited as authority (rule) Reginald Smith v. Continental Casualty Company
Tex. App. · 2004 · confidence medium
Weaver , 942 S.W.2d at 169 ; Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
cited Cited as authority (rule) Reginald Smith v. Continental Casualty Company
Tex. App. · 2004 · confidence medium
Weaver , 942 S.W.2d at 169 ; Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
discussed Cited as authority (rule) Base Marketing, Inc. Soils Control International, Inc. And Andres Jackson v. Base-Seal International, Inc. and Maxine R. Williams, Individually
Tex. App. · 2004 · confidence medium
Weaver v. E-Z Mart Stores, Inc. , 942 S.W.2d 167, 169 (Tex. App.--Texarkana 1997, no writ); Bailey v. Rogers , 631 S.W.2d 784, 786-87 (Tex. App.--Austin 1982, no writ). (2) We overrule this part of appellant's fourth issue.
discussed Cited as authority (rule) Base Marketing, Inc. Soils Control International, Inc. And Andres Jackson v. Base-Seal International, Inc. and Maxine R. Williams, Individually
Tex. App. · 2004 · confidence medium
Weaver v. E-Z Mart Stores, Inc., 942 S.W.2d 167, 169 (Tex. App.—Texarkana 1997, no writ); Bailey v. Rogers, 631 S.W.2d 784, 786-87 (Tex. App.—Austin 1 We note that all parties are represented by counsel on appeal. 3 1982, no writ).2 We overrule this part of appellant’s fourth issue.
cited Cited as authority (rule) David L. Maddox v. John Hutchens and Ms. Steven L. Woods
Tex. App. · 2003 · confidence medium
Weaver , 942 S.W.2d at 169 ; Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
cited Cited as authority (rule) David L. Maddox v. John Hutchens and Ms. Steven L. Woods
Tex. App. · 2003 · confidence medium
Weaver , 942 S.W.2d at 169 ; Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ).
cited Cited as authority (rule) Loretta Conly Bascom v. Texas Department of Human Services and Texas Workforce Commission
Tex. App. · 2003 · confidence medium
See Scoville v. Shaffer , 9 S.W.3d 201, 204 (Tex. App.--San Antonio 1999, no pet.); Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ).
cited Cited as authority (rule) Loretta Conly Bascom v. Texas Department of Human Services and Texas Workforce Commission
Tex. App. · 2003 · confidence medium
See Scoville v. Shaffer, 9 S.W.3d 201, 204 (Tex. App.—San 11 Antonio 1999, no pet.); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin 1982, no writ).
cited Cited as authority (rule) Williamson v. State Farms Lloyds
Tex. App. · 2002 · confidence medium
Wright v. Fowler, 991 S.W.2d 343, 349 (Tex.App.-Fort Worth 1999, no pet.); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.-Austin 1982, no writ).
discussed Cited as authority (rule) United Copper Industries, Inc. v. Grissom (2×)
Tex. App. · 2000 · confidence medium
See Scoville v. Shaffer, 9 S.W.3d 201, 204 (Tex.App.-San Antonio 1999, no pet.); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.-Austin 1982, no writ) (both holding pro se litigants to same standard as litigants represented by licensed counsel). [1] Section 55.27 provides that upon evaluating the hearing request at the scheduled hearing, the Commission may: (1) determine that a hearing request does not meet the requirements of this subchapter, and act on the application; (2) determine that a hearing request does not meet the requirements of this subchapter, and refer the application to a publi…
discussed Cited as authority (rule) United Copper Industries, Inc. and Texas Natural Resource Conservation Commission v. Joe Grissom
Tex. App. · 2000 · confidence medium
See Scoville v. Schaffer , 9 S.W.3d 201, 204 (Tex. App.--San Antonio 1999, no pet.); Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ) (both holding pro se litigants to same standard as litigants represented by licensed counsel). nt evidence.
cited Cited as authority (rule) Richard M. Scoville v. George E. Shaffer
Tex. App. · 1999 · confidence medium
Kanow v. Brownshadel , 691 S.W.2d 804, 806 (Tex. App.-Houston [1st Dist.] 1985, no writ); Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.-Austin 1982, no writ).
cited Cited as authority (rule) Scoville v. Shaffer
Tex. App. · 1999 · confidence medium
Kanow v. Brownshadel, 691 S.W.2d 804, 806 (Tex.App.-Houston [1st Dist.] 1985, no writ); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.-Austin 1982, no writ).
discussed Cited as authority (rule) Umar v. Scott (2×) also: Cited "see"
Tex. App. · 1999 · confidence medium
See Star-Telegram, Inc. v. Doe, 915 S.W.2d 471, 473 (Tex.1995); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.—Austin 1982, no writ); Hudson v. Buddie’s Super Markets, Inc., 488 S.W.2d 143, 147-48 (Tex.Civ.App. —Fort Worth 1972, no writ).
cited Cited as authority (rule) Weaver v. E-Z Mart Stores, Inc.
Tex. App. · 1997 · confidence medium
Bailey v. Rogers and Keyser, 631 S.W.2d 784, 786 (Tex.App.-Austin 1982, no writ).
cited Cited as authority (rule) Scott v. Galusha
Tex. App. · 1995 · confidence medium
Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App. — Austin 1982, no writ); Hudson v. Buddie’s Super Markets, Inc., 488 S.W.2d 143, 147-48 (Tex.Civ.App. — Fort Worth 1972, no writ).
cited Cited as authority (rule) Fields v. City of Texas City
Tex. App. · 1993 · confidence medium
Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.—Austin 1982, no writ).
cited Cited as authority (rule) Armbruster v. Memorial Southwest Hospital
Tex. App. · 1993 · confidence medium
Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App. — Austin 1982, no writ).
cited Cited as authority (rule) Dover v. Baker, Brown, Sharman & Parker
Tex. App. · 1993 · confidence medium
Bailey v. Rodgers, 631 S.W.2d 784, 786 (Tex.App.—Austin 1982, no writ).
cited Cited as authority (rule) Kevin Beal v. All American Glass Distributors, Inc.
Tex. App. · 1991 · confidence medium
Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App. 1982, no writ).
cited Cited as authority (rule) Colatex Land Company, Acting by Its Managing Partner R. E. Chalmers, & R. E. Chalmers, Individually v. Robert L. Boyd
Tex. App. · 1991 · confidence medium
Co. v. Cowley, 468 S.W.2d 353, 354 (Tex. 1971); Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App. 1982, no writ).
discussed Cited as authority (rule) Kimmell v. Leoffler
Tex. App. · 1990 · confidence medium
It is well-settled that pro se litigants are held to the same standards as licensed attorneys, Kanow v. Brownshadel, 691 S.W.2d 804, 806 (Tex.App.—Houston [1st Dist.] 1985, no writ); Bailey v. Rogers, 631 S.W.2d 784, 786-87 (Tex.App.—Austin 1982, no writ), and that they must comply with applicable laws and rules of procedure.
discussed Cited as authority (rule) Inscore v. Karnes County Savings & Loan Ass'n
Tex. App. · 1990 · confidence medium
Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.—Austin 1982, no writ); Valley International Properties, Inc. v. Brownsville Savings and Loan Association, 581 S.W.2d 222, 225 (Tex.Civ.App.—Corpus Christi 1979, no writ); Independence Insurance Co. v. Republic National Life Insurance Co., 447 S.W.2d 462, 470 (Tex.Civ.App.—Dallas 1969, writ ref’d n.r.e.).
discussed Cited as authority (rule) Phennel v. Roach (2×)
Tex. App. · 1990 · confidence medium
Stein v. Lewisville Ind. School Dist., 481 S.W.2d 436, 439 (Tex.Civ.App.-Fort Worth 1972, writ ref’d n.r.e.), cert. denied, 414 U.S. 948 , 94 S.Ct. 272 , 38 L.Ed.2d 203 (1973); Bailey v. Rogers, 631 S.W.2d 784, 786-87 (Tex.App.—Austin 1982, no writ).
discussed Cited as authority (rule) Most Worshipful Prince Hall Grand Lodge, Free & Accepted Masons of Texas & Jurisdiction v. Jackson (2×)
Tex. App. · 1987 · confidence medium
Co., 683 S.W.2d 173, 176 (Tex.App.—Fort Worth 1985, no writ); and Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.—Austin 1982, no writ).
examined Cited as authority (rule) King v. Texas Employers' Insurance Ass'n (3×) also: Cited "see"
Tex. App. · 1986 · confidence medium
Therefore, because summary judgment may have been granted, 1 properly or improperly, on the ground set forth in the motion, and the granting of the summary judgment on that ground having not been challenged by appellant, see Malooly Brothers, Inc. v. Napier, 461 S.W.2d 119, 121 (Tex.1970), and Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.—Austin 1982, no *183 writ), the summary judgment as to TCJC is affirmed.
cited Cited as authority (rule) Hixson v. Pride of Texas Distributing Co.
Tex. App. · 1985 · confidence medium
Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex. App.—Austin, 1982, no writ); Jones v. Austin Co., 531 S.W.2d 377, 380 (Tex.Civ.App.—Austin 1975, writ ref’d n.r.e.).
cited Cited "see" Janie Morales And Terrie Secaida, Community Administrator of the Estate of Edward Secaida v. Chard Richard Craig Wheaton Van Lines, Inc. And Johnnie P. Williams
Tex. App. · 2001 · signal: see · confidence high
See Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ); see also Warner, 984 S.W.2d at 358 ; Holloway , 840 S.W.2d at 23 (citing Malooly Bros. , 461 S.W.2d at 121 ).
cited Cited "see" Taylor Made Hose, Inc. v. Lynne Wilkerson
Tex. App. · 2000 · signal: see · confidence high
See Bailey v. Rogers , 631 S.W.2d 784, 786 (Tex. App.--Austin 1982, no writ); Hudson v. Buddie ' s Super Markets , Inc ., 488 S.W.2d 143, 147-48 (Tex. Civ.
discussed Cited "see" Taylor-Made Hose, Inc. v. Wilkerson (2×)
Tex. App. · 2000 · signal: see · confidence high
See Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.-Austin 1982, no writ); Hudson v. Buddie's Super Markets, Inc., 488 S.W.2d 143, 147-48 (Tex.Civ.App.-Fort Worth 1972, no writ).
discussed Cited "see" Wright v. Fowler (2×)
Tex. App. · 1999 · signal: see · confidence high
See Bailey v. Rogers, 631 S.W.2d 784, 786 (Tex.App.—Austin 1982, no writ); Hudson v. Buddie’s Super Markets, Inc., 488 S.W.2d 143, 147-48 (Tex.Civ.App.—Fort Worth 1972, no writ).
Retrieving the full opinion text from the archive…
James P. BAILEY, Appellant,
v.
James ROGERS and Russell Keyser, Individually and D/B/A Rogers and Keyser, Accountants, Appellees
13422.
Court of Appeals of Texas.
Mar 24, 1982.
631 S.W.2d 784
James P. Bailey, Baytown, for appellant., W. David Deaderick, Gibbins, Burrow, Wash & Bratton, Austin, for appellees.
Phillips.
Cited by 53 opinions  |  Published
PHILLIPS, Chief Justice.

Appellant has been before us once before in Bailey v. Tuck, 591 S.W.2d 605 (Tex.Civ.-App.1979, writ ref’d n. r. e.), in which he sought a partnership dissolution, a final accounting, and compensatory and exemplary damages. Another phase of the continuing controversy was treated by this Court in Bailey v. Travis, 596 S.W.2d 291 (Tex.Civ.App.1980, writ ref’d n. r. e.).

Appellees are accountants who were appointed by the trial court to prepare a special report of the accounts of the partners to be filed in Bailey v. Tuck, supra. After an adverse judgment in that cause, appellant filed the suit at bar alleging appellees were negligent and prejudiced against him in the preparation of their report and in their testimony at trial. Appellant also asserts the jury’s answer of “none” to the special issue on appellant’s damages in the former case was a proximate result of ap-pellees’ negligence and bias. The trial court rendered summary judgment for ap-pellees.

Appellant appears before us pro se with a long and detailed compilation of the grievances he believes have been perpetrated against him by a number of people, including the courts, and, of course, the appellees here. We understand his indigna[*786] tion but are compelled to conclude he has not stated a cause of action sufficient for this Court to grant him any relief.

We hold that the trial court correctly granted summary judgment for ap-pellees because the evidence establishes that all of appellees’ acts or omissions of which appellant did or could complain were absolutely privileged communications uttered or published in the due course of a judicial proceeding.

An absolutely privileged communication is one which by reason of the occasion on which it is made no remedy can be had in a civil action. Aransas Harbor Terminal Railway v. Taber, 235 S.W. 841, 842 (Tex.Comm’n App.1921, judgment adopted). The concept of providing absolute immunity from civil liability for certain participants in the judicial process is deeply rooted in Texas law. The public policy considerations are to “encourage unrestrained access to the courts and full development of the facts... . ” Clark v. Grigson, 579 S.W.2d 263, 265 (Tex.Civ.App.1978, writ ref’d n. r. e.). It is well settled in Texas that “[a]ny communication, oral or written, uttered or published in the due course of a judicial proceeding is absolutely privileged,” Reagan v. Guardian Life Insurance Co., 140 Tex. 105, 166 S.W.2d 909, 912 (Tex.1942), and that “no action in damages will lie for such communication even though same be false and uttered and published with malice.” Bloom v. A. H. Robins Co., 479 S.W.2d 780 (Tex.Civ.App.1972, no writ), cert. denied, 410 U.S. 983, 93 S.Ct. 1504, 36 L.Ed.2d 179 (1973). See also Chandler v. Gillis, 589 S.W.2d 552 (Tex.Civ.App.1979, writ ref’d n. r. e.).

This rule has been specifically applied to the testimony of the expert witness. Clark v. Grigson, 579 S.W.2d 263 (Tex.Civ.App.1978, writ ref’d n. r. e.). In Clark, the court stated:

The community has the same interest in obtaining this kind of testimony, when relevant, without the intimidating threat of a lawsuit against the expert witness. If the policy underlying the immunity is strong enough to apply in cases of deliberate perjury, it applies with even greater force to cases in which the adverse testimony is the result of an expert’s negligence in formulating his opinion. The same principle applies, whether the action is for defamation or for malpractice. Consequently, we hold that no civil liability exists on the part of an expert witness who forms an opinion and states that opinion in the course of his testimony in a judicial proceeding, even though he may have been negligent in the process. Id. at 265 (citations deleted).

In addition, the trial court’s judgment may also be affirmed for the reason that it rests upon two independent grounds, or defenses, to which no point of error was assigned by appellant. Appellees’ motion for summary judgment was based on three grounds: absolute immunity; collateral es-toppel; and, failure to state a cause of action. Appellant has assigned error only to the defense of absolute immunity. The other two grounds, collateral estoppel and failure to state a cause of action, each provides an independent basis for affirming the trial court’s summary judgment against appellant. Because appellant did not complain of either of these two independent grounds, and because the district court did not specify the basis of its judgment, we may affirm the case on this point alone. Where a judgment may rest upon more than one ground, the party aggrieved by the judgment must assign error to each ground or the judgment will be affirmed on the ground to which no complaint is made. In such situations, it is said that the appellant has waived his right to complain of the ruling to which no error was assigned. Johnson v. Coggeshall, 578 S.W.2d 556, 560 (Tex.Civ.App.1979, no writ); Independence Insurance Co. v. Republic National Life Insurance Co., 447 S.W.2d 462 (Tex.Civ.App.1969, writ ref’d n. r. e.).

Appellant presented his case before the trial court and this Court pro se. He repeatedly alluded to the fact that he is not a lawyer, with the implication this Court should make some allowance therefor. This we cannot do. Having made the determi[*787] nation to try and to appeal his case without counsel, appellant stands before us as any other litigant and his case must be determined by this Court as any other appeal.

The judgment of the trial court is in all things affirmed.