Bloch Queensware Co. v. Smith, Saxton & Co.
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Sheltont Judge. (1) The court erred in sustaining defendant Smith’s motion for a new trial. A client is bound by the act of his attorney in court.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Sheltont Judge. (1) The court erred in sustaining defendant Smith’s motion for a new trial. A client is bound by the act of his attorney in court. The defendant filed two separate answers in this cause, neither of which were under oath, nor was any affidavit filed with the pleadings, denying the existence of the partnership of defendants, as required by section 746, Revised Statutes 1899. If defendant wanted to deny the existence of the partnership, he should have complied with the plain provisions of the statute. Flynn v. Neosho, 114 Mo. 567;…
1Opinion of the CourtEllison, J.
This action is on an account. There was judgment for the plaintiff. Defendant thereupon, in due time, asked for a new trial and his motion to that effect was sustained and plaintiff appealed. We are not prepared to say that there was any abuse of the trial court’s discretion in granting the new trial. Where a new trial is granted justice may yet be done between the parties and an appellate court will look to the matter with less scrutiny than if it had been refused. Helm v. Bassett, 9 Mo. 52; Longdon v. Kelly, 51 Mo. App. 572; Ensor v. Smith, 57 Mo. App. 584; Powell v. Railway, 59 Mo. App.…
2Cases cited7 opinions
- Ensor v. SmithMissouri Court of Appeals · 1894
- St. Louis & San Francisco Railway Co. v. GracySupreme Court of Missouri · 1895
- Longdon v. KellyMissouri Court of Appeals · 1892
- Montgomery v. ReedSupreme Judicial Court of Maine · 1879
- Harwood v. TomsSupreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wilshire Construction Co. v. Union Electric Co.Supreme Court of Missouri · 1971
- London Clothes, Ltd. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1945
- Couch v. Southern Railway Co.Appellate Court of Illinois · 1938
- Jewell Realty Co. v. DierksSupreme Court of Missouri · 1929
- Coca-Cola Bott. Co. of Ark. v. Coca-Cola Bott. Co.Supreme Court of Arkansas · 1931
5 more not listed; retrieve them via the Exa API.