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: 6
The following text was automatically extracted from the image on this page using optical character recognition software:
6 FLANAGAN V. PEARSON. [Tyler Term,
Opinion of the court.
If it were not conclusively settled, so far as this case is
concerned, by the judgment in the original suit, it might
well be questioned whether the location of a land certificate
is properly within the scope of an attorney's duties, even
when undertaken as an attorney. It can hardly be doubted,
however, that the undertaking to perfect the title to land
is a legitimate professional contract. Especially was this
so in this case, because of the complicated nature of Pearson's
claim. HIe held only an obligation for title to be
made when a much larger part of the certificate was located
by Reeves. The perfection of his title was, under
the circumstances, a proper subject of professional employment.
But the plaintiff cannot reopen this question;
nor the question whether Pearson was, in fact, by the
conduct of plaintiff, left without remedy for the recovery
of the land on which the certificate was located; nor yet
the question whether the amount of the. original judgment
was not excessive, notwithstanding the remittitur. These
questions do not enter into the case as presented to us.
But it seems to be contended that the affirmance of the
judgment in this court, pending the proceedings in bankruptcy,
and in the absence of any suggestion by defendant
of his bankruptcy, was a nullity. We have not been referred
to any decision going to that extent. The cases of
Taylor v. Bennett, 38 Tex., 522, and Johnson v. Poage,
decided by our predecessors, not yet reported, refer to the
enforcement of liens in the courts of the State after bankruptcy,
and hold that in such cases the State courts have
no longer jurisdiction. They do not refer to cases excepted
from the operation of a discharge, nor do they refer
to cases pending in the appellate court. They were cases
heard on appeal, and not cases attacked collaterally, and it
is not clear that the court mean to hold more than that it
is error to proceed in such cases after the institution of
proceedings in bankruptcy. The State courts have often
held, in regard to ordinary causes pending against the
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/14/?rotate=270: accessed February 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .