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. Page: 2
2 FLANAGAN V. PEARSON. [Tyler Term,
Opinion of the court.
against him on May 7th, 1867, and affirmed on appeal
in this court on May 15th, 1869, the ground for tlie injunction
being that, on the 1st day of October, 1868, he
was adjudicated a bankrupt on his own petition, and on
January 29th, 1870, was regularly discharged. Other matters,
affecting the execution and levy only, were set up in
the petition; but as they were settled in favor of appellant,
it is not material to attend to them further. The answer
to the petition alleged that the judgment sought to be enjoined
was a debt created by the fraud, breach of trust,
and embezzlement Qf the plaintiff; as an attorney and counselor
at law, and was not a debt from which he could be
discharged under the bankrupt law. Upon the trial, the
court submitted special issues to the jury, who, in response
to those issues, found, armongst other things, that the judgment
was rendered for fiauid committed by Flanagan, and
also that he had, in fact, intended to commit a fraud. We
think it was error to submit to the jury an issue as to
whether the judgment was obtained for fraud or not. That
question was to be determined by the court from an inspection
of the record in the case, including the pleadings.
Nor was it proper to submit to the jury the question whether
Flanagan actually intended to defraud Pearson out of
his certificate or not. We know of no authority for reopening
issues settled in the original suit between the same
parties. These issues, however, were proved against appellant,
and the superfluous finding is no ground of error
as to him.
The petition in the original suit alleged that, on the 8th
of July, 1841, J. E. White conveyed to petitioner, Pearson,
by title bond, 354 acres of his head-right certificate; that
on March 28th, 1850, petitioner agreed with defendant,
Flanagan, and Nathan G. Bagley, being licensed attorneys
at law practicing in partnership under the style of Flanagan
& Bogley, to convey to them one-third of said 354 acres
of land, if they, the said Flanagan & Bagley, would locateQ
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/10/ocr/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .