Fowler v. Morrill
Texas Supreme Court
Error irom Bed River. Tiie plaintiff, Amos Morrill, filed liis petition .against tiie defendants, Jolm H. Eowler and Jesse Shelton, tiie plaintiffs in error, and William Trimble, who did not join in the writ of error.
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Error irom Bed River. Tiie plaintiff, Amos Morrill, filed liis petition .against tiie defendants, Jolm H. Eowler and Jesse Shelton, tiie plaintiffs in error, and William Trimble, who did not join in the writ of error. The plaintiff averred that as attorney-at-law lie recovered a judgment in favor of the defendant, John H. Eowler, against Ira S. Poor and Eliza S. Poor, for which the said Eowler promised to pay him as much as he reasonably deserved to llave, and that the sum amounted (being ten per cent, of the judgment) to three hundred and six dollars and sixty-one cents, payable when the…
1Opinion of the Court
Hemphill, Ch. J.
The point first presented is on the demurrer of the defendant Fowler. This was properly .overruled. The petition states the indebtedness of the defendant with sufficient fullness and precision, and avers facts inconsistent with snob control over the judgment as to have enabled him to collect his fee upon execution. The fact that the debt from Trimble tO' Shelton was the only remaining fund upon which his lien could he enforced might have been stated more, explicitly; but upon considering the whole petition tile averments sufficiently indicate not only the indebtedness of the…
2Cited by16 opinions
- Cooper v. NewellSupreme Court of the United States · 1899
- Humphrey v. BrowningIllinois Supreme Court · 1868
- Williams v. D. H. Bell & Co.Court of Appeals of Texas · 1909
- Stewart v. FlowersMississippi Supreme Court · 1870
- Davenport v. RutledgeCourt of Appeals of Texas · 1916
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