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Texas Bar Journal


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?

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