The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 142

The Southwestern Historical Quarterly

TEXAS VERSUS WHITE
WILLIAM WITATLEY PIERSON, JR.
CHAPTER IV
SUBSEQUENT LITIGATION
Texas v. iHardenberg
As has already been remarked, the decision and decree in the
case of Texas v. White left the settlement of many of the points
involved to later proceedings. The first case which arose in this
process of legal adjustment was that of Texas v. Hardenberg.1
The bonds held by Hardenberg had been redeemed under an agree-
ment which has already been noticed. When the court decreed that
the defendants were liable to suit for the recovery of the indemnity
bonds, Hardenberg was included in spite of the fact that his bonds
had been paid. Under these circumstances, Texas sued in the Su-
preme Court for the delivery of the bonds or their proceeds. In
answer to the bill in this suit, Hardenberg endeavored to reopen
the discussion of the merits of the original case by reviewing the
history of his purchase and attempting to show that this action
had been in good faith. He urged further that his bonds had
been paid by the United States, and that his counsel should be
heard as to the effect in law of a payment which had taken place
before he had been served with notice of a contest by the State of
Texas. On the whole, he argued that there had been an error of
pleading in the original case and that the bill had only prayed
for the rendition of the bonds, not the proceeds.2
The opinion of the court was delivered by Chief Justice Chase.
The court, at the outset, declined to consider the bill in the case of
Texas v. White to be of the narrow and restricted character assigned
to it. by the defendant. To interpret it so would, it was alleged,
savor of "extreme technicality." The clause of the bill asking ex-
pressly for the injunction and decree had also petitioned for such
other comfort as the court might see fit to allow. This clause was
110 Wallace, 68, decided December term, 1869.
2Paschal and Merrick for Texas; Carlisle and Evarts for Hardenberg.

142