SUPREME COURT OF TEXAS.
TYLER TERM, 1874.
J. W. FLANAGAN V. P. HI. PEARSON.
1. PRACTICE.-In determining whether a judgment sought to be enjoined
at suit of a discharged bankrupt was rendered f fo raud committed
by the defendant, it was improper to submit the matter to a
jury. The question is one for the court, upon inspection of the
record, including the pleadings.
2. CONCLUSIVENESS OF JUDGMENT.-In an injunction suit to restrain
proceedings under a judgment for fraud in the defendant, and which
was pending on appeal while bankrupt proceedings were had, the
court will not opeCn the question of fraud.
3. ATTORNEY AND CLIENT.-The relation of attorney and client is that
of trust, and a violation of duty by the attorney is an act done in a
fiduciary capacity under the bankrupt law.
4. BANKRUPTCY does not suspend proceedings on appeal in the Supreme
5. See case of judgment for a debt made in fiduciary capacity, and not
discharged by proceedings in bankruptcy.
APPEAL from Rusk. Tried below before the Hon. J. B.
M. W. Morris, for appellant, cited Flanagan v. Cary, 37
Tex., 67; Bump on Bankruptcy, 530.
Martin Casey, for appellee, cited Elliott v. Mitchell, 28
Tex., 184; Bump on Bankruptcy, 391; Freeman v. Neyland,
23 Tex., 530.
GOULD, ASSOCIATE JUSTICE.-The appellant brought this
suit to enjoin the enforcement of a judgment rendered
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed December 21, 2013.