French v. Wall

Decided December 15, 1847

Texas Supreme Court · decided 1847-12-15

The appellee, the plaintiff in the court below, filed his petition, stating that he and the appellant, French, had formed a copartnership for the purpose of doing such labor as they or either of them might bargain for or procure; that under such connection they had performed work and labor to the amount of about nine hundred dollars, which, according to the terms of their partnership, should be equally divided between them; that the said French had collected and appropriated…

Decided 1847-12-15

Mr. Chief Justice Hemphill

¶1delivered the opinion of the court.

¶2We see no error in the judgment of the court below. The existence of the partnership and the adjustment of the accounts were submitted to a jury and their finding on the issues presented to them is supported by the evidence in the cause.

¶3The injunction in the cause should have been dissolved.

¶4It is ordered, adjudged and decreed that the judgment of the court below be affirmed.

¶5And it is further ordered, adjudged and decreed that the injunction restraining James G. Swisher, one of the defendants^ from paying certain moneys, in the proceedings mentioned, to Daniel Drench, one of the copartners, be and the same, is hereby dissolved.