Legal Opinion

State ex rel. Potter v. Riley

Supreme Court of Missouri

Decided May 1, 1909PublishedCited by 57 opinions

Mandamus. (1) 1. L. D. Grove’s authority as attorney for James M. Potter being totally dissolved by Potter’s death, Grove had no authority to move for a dismissal. Railroad v. Woodson, 110 Mo. App. 208; Prior v. Kiso, 96 Mo. 303; Jndson v. Love, 35 Cal. 463; Risley v. Pel-lows, 10 Ill. 531; Gleason v. Dodd, 4 Mete.

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Mandamus. (1) 1. L. D. Grove’s authority as attorney for James M. Potter being totally dissolved by Potter’s death, Grove had no authority to move for a dismissal. Railroad v. Woodson, 110 Mo. App. 208; Prior v. Kiso, 96 Mo. 303; Jndson v. Love, 35 Cal. 463; Risley v. Pel-lows, 10 Ill. 531; Gleason v. Dodd, 4 Mete. (Mass.) 333; Weeks on Attorneys at Law (2 Ed. 1892), sees. 248, 256. 2. There had been no administration on Potter’s estate, hence Grove had no authority to appear for Potter’s personal representative. Prior v. Kiso, 96 Mo. 303; Weeks on Attorneys at Law (2 Ed. 1892), sec. 256. 3.…

1Opinion of the Court

GRAVES, J. —

This is an original proceeding in this court by which relators seek by mandamus to compel Hon. Henry C. Riley, Judge of the Circuit Court of Mississippi county, to set aside an order of dismissal heretofore entered by him in said court in a cause then pending wherein James M. Potter was plaintiff and Thomas Bullivant et al., were defendants, and to reinstate the cause, and to proceed with said cause and to hear and determine the same.

This court issued its alternative writ of mandamus, the allegations of which are, in substance, as follows: That relators and one Francis J.…

2Cases cited16 opinions

  1. Warder v. TainterSupreme Court of Pennsylvania · 1835
  2. In re ToneySupreme Court of Missouri · 1848
  3. Williams v. HudsonSupreme Court of Missouri · 1887
  4. Jaicks v. SullivanSupreme Court of Missouri · 1895
  5. Craig v. SmithSupreme Court of Missouri · 1877

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3Cited by57 opinions

  1. People v. ReidCalifornia Supreme Court · 1924
  2. Casper v. LeeSupreme Court of Missouri · 1952
  3. Lamb v. State of FloridaSupreme Court of Florida · 1926
  4. In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
  5. Wooten v. FriedbergSupreme Court of Missouri · 1946

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