Legal Opinion

State v. Brady

Texas Supreme Court

Decided April 14, 1909No. 1950PublishedCited by 6 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Williamson County. The State brought suit against Brady, County Attorney, to recover various sums of money upon the ground that defendant, who had represented plaintiff in suits prosecuted to final judgment for violations of the Anti-Trust Law of 1899 after the passage and taking effect of the Anti-Trust Law of 1903, had retained as his fee or commission 25 percent of each of the judgments obtained…

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Error to the Court of Civil Appeals for the Third District, in an appeal from Williamson County. The State brought suit against Brady, County Attorney, to recover various sums of money upon the ground that defendant, who had represented plaintiff in suits prosecuted to final judgment for violations of the Anti-Trust Law of 1899 after the passage and taking effect of the Anti-Trust Law of 1903, had retained as his fee or commission 25 percent of each of the judgments obtained and collected by him, instead of the commission allowed him by article ' 297 of the Bevised Statutes of 1895. It was…

1Opinion of the CourtJustice Brown

The parties agreed in writing upon a statement of the facts upon which the trial court gave judgment for Brady and the Court of Civil Appeals adopted the statement which follows and affirmed that judgment:

"1. It is agreed that the facts alleged and set out in plaintiff’s petition are true and correct and shall be taken as facts in the trial of this suit, especially as to the official acts of the said John W. Brady, the dates and amounts of the judgments recovered and of the fees retained by the said Brady as county attorney under the Anti-Trust Laws of 1899 and 1903 of the State of Texas.…

2Cases cited3 opinions

  1. Farmer v. PeopleIllinois Supreme Court · 1875
  2. Aaron v. StateSupreme Court of Alabama · 1867
  3. Brotherton v. BrothertonSupreme Court of Iowa · 1875

3Cited by6 opinions

  1. State v. Texas & New Orleans RailroadCourt of Appeals of Texas · 1910
  2. State Ex Rel. McKee v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1936
  3. In Re the Estate of HitchmanWashington Supreme Court · 1983
  4. In Re the Estate of HitchmanWashington Supreme Court · 1983
  5. Opinion No., Texas Attorney General Reports1992

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