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McCLOSKEY v. TOBIN

No. 79.

252 U.S. 107 (1920)

McCLOSKEY v. TOBIN, SHERIFF OF BEXAR COUNTY, TEXAS.

Supreme Court of United States.

Decided March 1, 1920.

Attorney(s) appearing for the Case

Mr. R.H. Ward for plaintiff in error.

Mr. B.F. Looney, Attorney General of the State of Texas, and Mr. Luther Nickels, Assistant Attorney General of the State of Texas, for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

Article 421 of the Penal Code of Texas defined, with much detail, the offence of barratry. In McCloskey v. San Antonio Traction Co., 192 S.W.Rep. 1116 (Texas), a decree for an injunction restraining the plaintiff in error from pursuing the practice of fomenting and adjusting claims was reversed on the ground that this section had superseded the common law offense of barratry and that by the Code...

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