Legal Opinion

Merritt v. Clow

Texas Supreme Court

Decided December 15, 1847PublishedCited by 11 opinions

Robert J. Clow, the defendant in error, filed his petition in, the district court, alleging that he was the surviving partner • of a mercantile firm, then lately in business, under the name of Merritt & Clow.

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Robert J. Clow, the defendant in error, filed his petition in, the district court, alleging that he was the surviving partner • of a mercantile firm, then lately in business, under the name of Merritt & Clow. That upon the death of his-partner, Martin, Samuel Patterson, who is made defendant,, had possessed himself of the partnership effects, and had been- and, was wrongfully disposing of and converting them to his. own use, to the damage of the plaintiff twenty thousand dollars.. Tie alleges, also, a loss of credit consequent upon the illegal-acts of the defendant, to his further damage five…

1Opinion of the CourtJustice Wheeler

Our inquiries will relate to:

1st. The proceedings upon the petition for a review and injunction; and

*5862d. The legality and validity of the judgment sought to be-enjoined.

1. The alleged absence of any authority in the attorney, Crosby, to represent the parties and to compromise and confess judgment against them, was relied on by the complainants as the foundation of their right to relief. The answer negatived this averment, and denied all the circumstances upon which their equity was founded. The injunction was dissolved,, therefore, of course.

But it was the privilege of the complainants,…

2Cases cited1 opinion

  1. Holker v. ParkerSupreme Court of the United States · 1813

3Cited by11 opinions

  1. Chambers v. HodgesTexas Supreme Court · 1859
  2. Gardiner v. MaySupreme Court of North Carolina · 1916
  3. Gardiner v. . MaySupreme Court of North Carolina · 1916
  4. Norwood v. CobbTexas Supreme Court · 1859
  5. Hager v. State Ex Rel. TeVaultCourt of Appeals of Texas · 1969

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