Legal Opinion

McCloskey v. Tobin

Supreme Court of the United States

Decided March 1, 1920No. 79PublishedCited by 21 opinions

ERROR TO THE COURT OP CRIMINAL APPEALS OP .THE STATE OP TEXAS. The case is stated in the opinion.-

1Opinion of the Court

Mr. Justice Brandéis

delivered the opinion of the. court.

Article 421 of.the Penal Code of Texas defined,, with much detail, the offence of barratry. In McCloskey v. San Antonio Traction Co., 192 S. W. Rep. 1116 (Texas), a decree for an injunction restraining the plaintiff in error from pursuing the practice of fomenting and adjusting claims was reversed on the ground that this section had superseded the common law offence of barratry and that by the Code “only an attorney at law is forbidden to solicit employment in any suit himself or by an agent.” Article 421 was then amended (Act of March…

2Cases cited5 opinions

  1. Brazee v. MichiganSupreme Court of the United States · 1916
  2. Peck v. HeurichSupreme Court of the United States · 1897
  3. Galveston, Harrisburg & San Antonio Railway Co. v. GintherTexas Supreme Court · 1903
  4. McCloskey v. San Antonio Traction Co.Court of Appeals of Texas · 1917
  5. Ford v. MunroeCourt of Appeals of Texas · 1912

3Cited by21 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Quarles v. StateCourt of Criminal Appeals of Texas · 1964
  3. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  4. Southern Traffic Bureau v. ThompsonCourt of Appeals of Texas · 1950
  5. Larson v. LesserSupreme Court of Florida · 1958

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