Legal Opinion

Arrington v. Sneed

Texas Supreme Court

Decided July 1, 1856PublishedCited by 13 opinions

Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit, July 25, 1854, by appellee, against appellant. Petition as follows : That heretofore, to-wit: on the--day of May, AD., 1854, the said Claiborne Arrington retained the services of your petitioner, as an attorney at law, to defend him, the said Arrington, and his son Joseph Arrington, against an indictment, preferred against each of them by the grand jury of the county of Caldwell, at the Spring Term of the…

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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit, July 25, 1854, by appellee, against appellant. Petition as follows : That heretofore, to-wit: on the--day of May, AD., 1854, the said Claiborne Arrington retained the services of your petitioner, as an attorney at law, to defend him, the said Arrington, and his son Joseph Arrington, against an indictment, preferred against each of them by the grand jury of the county of Caldwell, at the Spring Term of the District Court of said county, A. D., 1854, for the crime of murder. Tour petitioner further states that being so…

1Opinion of the CourtWheeler, J.

It does not become necessary to examine the many questions presented by the assignment of errors, and in argument, because we are of opinion that, upon the plaintiffs averments and proof, the action cannot be maintained.

*140The retainer, or employment, was for the professional services of the plaintiff in a case, which was not to be tried until the succeeding Term of the Court. This suit was brought before that period arrived. It is plain that the action could not be maintained for services thereafter to be rendered. The plaintiff therefore sued, first, for a mere retainer, and proceeded by…

2Cited by13 opinions

  1. Mandell and Wright v. ThomasTexas Supreme Court · 1969
  2. Wutchumna Water Co. v. BaileyCalifornia Supreme Court · 1932
  3. In re BooneU.S. Circuit Court for the District of Northern California · 1897
  4. Peirce v. PalmerSupreme Court of Rhode Island · 1910
  5. Bowman v. PhillipsSupreme Court of Kansas · 1889

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