Document Type

Article

Publication Year

1990

Journal Title

Texas Bar Journal

Abstract

So you have never heard of Posey's Unreported Cases? Or, maybe you have, but you have recurring nightmares in which a judge fixes you with a steely glare and growls: "Well, counsel, it looks like Ms. so-and-so's citation to Posey's is directly on point. What do you say about that?" Fear no more! In this column, you will find what is undoubtedly the most in-depth scholarly investigation ever attempted of Posey's Unreported Cases.

On the surface, the nature of the beast is easily described: Posey's Unreported Cases is a two-volume collection of "consent cases" decided by the old Commission of Appeals between 1879 and 1884. Like many legal explanations, however, this raises more questions than it answers: What is a consent case? What was the old Commission of Appeals, anyway? And, since a published case is "reported," by definition, why is Posey's two-volume book titled Texas Unreported Cases? After all, once Posey reported the cases, they are not unreported any more. . . or are they?

First Page

806

Included in

Law Commons

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