Winston v. Masterson
Texas Supreme Court
Question Certified from Court of Civil Appeals for First District, in an appeal from Brazoria County, upon the following statement: • To the Honorable Supreme Court: In the above entitled and numbered cause, there is pending a motion for rehearing, asking this court to set aside its judgment rendered in said cause affirming the judgment of the court below, and to reverse same.
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Question Certified from Court of Civil Appeals for First District, in an appeal from Brazoria County, upon the following statement: • To the Honorable Supreme Court: In the above entitled and numbered cause, there is pending a motion for rehearing, asking this court to set aside its judgment rendered in said cause affirming the judgment of the court below, and to reverse same. There arises upon said motion, as upon our first consideration of the case, a novel question of law. Appellant, L. Winston, brought suit in the District Court of Brazoria County against the appellees, C. Davis and H.…
1Opinion of the Court
GAINES, Associate Justice.
C. Davis, represented by H. Masterson as his attorney, recovered a judgment against L. Winston in a County Court of which Hon. A. R. Masterson, a brother of the attorney, was the judge.
H. Masterson did not appear as a party to the cause, but he had a contract with the plaintiff under which he was to receive for his services a contingent fee equal to one-half of the sum to be recovered.
No question of disqualification of the judge was raised on the trial, nor was the judge aware that his brother had an agreement under which he was to receive the contingent fee.
This…
2Cases cited4 opinions
- Cooke v. CookeCourt of Appeals of Maryland · 1875
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- Robinson v. Board of CommissionersIndiana Supreme Court · 1871
- Seeley v. . ClarkNew York Court of Appeals · 1879
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- Southern Surety Co. v. ArterTexas Commission of Appeals · 1932
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