Oldham v. Sparks

Citations

• 28 Tex. 425

Syllabus

<p>Where a petition for a certiorari would not be sufficient if amended as proposed, it is not error to refuse the amendment. (Paschal’s Dig., Art. 54, Note 243.)</p> <p>Gross neglect by an attorney at law, in failing to collect a claim received by him for that purpose, will render him liable to his client for the amount of damages consequent upon such negligence.</p> <p>That a claim confided to an attorney for collection remained in his hands for several years without any effort by him to collect it, and that the claim became barred by limitation while so remaining in his hands, are facts sufficient to show such negligence on his part as will render him liable to his client. The mere fact that he had not collected the claim could not exonerate him from such liability; he must show reasonable cause for his omission or failure to collect it.</p> <p>The petition for a certiorari should set out all the evidence given before the justice; it should state some material error in the proceedings, that injustice had been done the petitioner, or that he had been unable to avail himself of some legitimate defense. (Paschal’s Dig., Art. 468, Note 331.)</p>