Flanagan v. Pearson

Citations

• 42 Tex. 1

Syllabus

<p>1. Practice.—In determining whether a judgment sought to be enjoined at suit of a discharged bankrupt was rendered for fraud committad by the defendant, it was improper to submit the matter to a jury. The question is one for the court, upon inspection of the record, including the pleadings.</p> <p>2. Conclusiveness of judgment.—In an injunction suit to restrain proceedings under a judgment for fraud in the defendant, and which was pending on appeal while bankrupt proceedings were had, the. court will not open the question of fraud.</p> <p>3. Attorney and client.—The relation o£ attorney and client is that of trust, and a violation of duty by the attorney is an act done in a fiduciary capacity under the bankrupt law.</p> <p>4. Bankruptcy does not suspend proceedings on appeal in the Supreme Court.</p> <p>5. See case of judgment for a debt made in fiduciary capacity, and not discharged by proceedings in bankruptcy.'</p>