Harrison v. Murphy
Missouri Court of Appeals
Appeal from Maries Circuit Court. — Hon. James E. Hasell, Judge. (1) On the face of the pleadings filed in this case it appeared, first, that the second amended petition filed by plaintiff and on which defendants Murphy were forced to trial, was a clear substitution of a new and different cause of action from the one declared on in his original petition. McCarty v. 0 ’Bryan, 187 Mo. 589; Green v. Lodge, 79 Mo. App. 184; Prewitt v. Warren, 71 Mo.
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Appeal from Maries Circuit Court. — Hon. James E. Hasell, Judge. (1) On the face of the pleadings filed in this case it appeared, first, that the second amended petition filed by plaintiff and on which defendants Murphy were forced to trial, was a clear substitution of a new and different cause of action from the one declared on in his original petition. McCarty v. 0 ’Bryan, 187 Mo. 589; Green v. Lodge, 79 Mo. App. 184; Prewitt v. Warren, 71 Mo. App. 84; Parker v. Rhodes, 79 Mo. 88; Lumpkins v. Collier, 79 Mo. 170; Daudt v. Machens, 13 Mo. App. 592; Hernán v. Glann, 129 Mo. 325. (2) It is…
1Opinion of the CourtSmith, P. J.
A. Mrs. Wheeler employed W. H. Murphy, an attorney, to bring and prosecute an action for malpractice for her and in her name against Dr. W. H. Bowles. In the contract of employment it was agreed that the said W. H. Murphy should receive as compensation for his services in the malpractice case one-half of whatever amount should be recovered therein. The defendant, A. P. Murphy, a son of W. H. Murphy, was at that time associated with his father as partner in the practice of the law. Some time after the suit had been brought the Murphys concluded they would associate with themselves in the…
2Cases cited12 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Cole v. ArmourSupreme Court of Missouri · 1900
- Little v. HarringtonSupreme Court of Missouri · 1880
- Byler v. JonesSupreme Court of Missouri · 1883
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
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3Cited by9 opinions
- Hutchinson v. SteinkeMissouri Court of Appeals · 1962
- State Ex Rel. White v. MarshSupreme Court of Missouri · 1983
- Kloos v. CorcoranMissouri Court of Appeals · 1982
- Gray v. Grand River Coal & Coke Co.Missouri Court of Appeals · 1914
- Wechsler v. DavisMissouri Court of Appeals · 1922
4 more not listed; retrieve them via the Exa API.