Legal Opinion

Hooper v. Brinson

Texas Supreme Court

Decided December 15, 1847PublishedCited by 9 opinions

This was a suit brought in 1841, by the plaintiff against the defendant, on a written contract for the hire of a slave, The defendant answered by alleging payment and set-off, and filed interrogatories to be' answered by the plaintiff in the court below, which was done. There were several continuances, two of which- appear to have been entered under a consent of the parties to arbitrate, without naming the referees.

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This was a suit brought in 1841, by the plaintiff against the defendant, on a written contract for the hire of a slave, The defendant answered by alleging payment and set-off, and filed interrogatories to be' answered by the plaintiff in the court below, which was done. There were several continuances, two of which- appear to have been entered under a consent of the parties to arbitrate, without naming the referees. At the October term, 1845, the case was referred by the parties to Moore and Lister. At the October term afterwards, “ it was agreed that if the award should come into court,”…

1Opinion of the CourtJustice LipscoMb

There has been no appearance for the plaintiff in error, and no brief sent up; the defendant asks an affirmance of the judgment, and has submitted the cause on his brief.

From the grounds set forth in the petition for the writ of error by the counsel for the plaintiff, it seems they thought it necessary to state them, the non-conformity of the proceedings in this case with the statute, entitled an act authorizing the settlement of disputes by conciliation or arbitration, passed at the first session of the state legislature, Pamp. Acts, 127.

By a reference to the act it would seem to be intended…

2Cases cited1 opinion

  1. Lutz v. LinthicumSupreme Court of the United States · 1834

3Cited by9 opinions

  1. Walker v. AbercrombieTexas Supreme Court · 1884
  2. Carpenter v. North River Insurance CompanyCourt of Appeals of Texas · 1968
  3. Dowlin v. BoydTexas Commission of Appeals · 1927
  4. Greenwall v. LigonTexas Commission of Appeals · 1929
  5. Jefferson County, Texas v. Jefferson County Constables AssociationTexas Supreme Court · 2018

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