Davis v. Hall
Supreme Court of Missouri
Error to* .Barton Circuit Court. —Hoh. Chas. Gv Burtoh, Judge. (1) Under our statute the power of an attorney at law is limited to authority to prosecute and defend a suit. R. S., sec. 3564. And the statute limits the power of dismissal in vacation to the plaintiff only R. S., sec. 3724. The unauthorized dismissal of the attorney is void in all cases where the right and not the remedy of the-plaintiff is dismissed. Quarles v. Porter, 12 Mo. 76 ; Bars-dale r.
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Error to* .Barton Circuit Court. —Hoh. Chas. Gv Burtoh, Judge. (1) Under our statute the power of an attorney at law is limited to authority to prosecute and defend a suit. R. S., sec. 3564. And the statute limits the power of dismissal in vacation to the plaintiff only R. S., sec. 3724. The unauthorized dismissal of the attorney is void in all cases where the right and not the remedy of the-plaintiff is dismissed. Quarles v. Porter, 12 Mo. 76 ; Bars-dale r. Appleberry, 23 Mo. 389 ; Hoker v. Parker, 7 Cran. 436; Quin’s Adm’r v. Lloyd, 36 Howard’s Prac. 378; Semple v. Atkinson, 64 Mo. 504; An…
1Opinion of the Court
Black, J. —
This is an action of ejectment for one hundred and sixty acres of land in Jasper county. Both parties claim title from Thomas F. Phillips, the plaintiff by a sheriff ’ s deed and the defendants under a deed of trust and trustee’s deed. The plaintiff in this ease commenced a suit in the common pleas court of Jasper county, in 1876, against Phillips and others, and attached the land in question. The venue of the cause was changed to the Newton county circuit court. After *664the cause had reached that court, aud in the vacation thereof, the plaintiff’s attorney paid 'the costs and caused…
2Cases cited7 opinions
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- Gaillard v. SmartNew York Supreme Court · 1826
- North Missouri Railroad v. StephensSupreme Court of Missouri · 1865
- Spears v. LedergerberSupreme Court of Missouri · 1874
- Semple, Birge & Co. v. AtkinsonSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pomeroy v. PrescottSupreme Judicial Court of Maine · 1910
- Holbrook v. J. J. Quinlan & Co.Supreme Court of Vermont · 1911
- Gibson v. Texas Prudential InsuranceMissouri Court of Appeals · 1935
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
- Barber-Colman Co. v. Magnano Corp.Court of Appeals for the First Circuit · 1924
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