Rosenberger v. Gibson
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. H. M. Hughes, Judge. (1) Where a party employs an attorney to prosecute or defend' his suit, he presents him to the opposite party and ho the world as his accredited agent and is concluded by his acts, in the absence of fraud. McDonough v. Daly, 3 Mo.
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Appeal from Montgomery Circuit Court. — Hon. H. M. Hughes, Judge. (1) Where a party employs an attorney to prosecute or defend' his suit, he presents him to the opposite party and ho the world as his accredited agent and is concluded by his acts, in the absence of fraud. McDonough v. Daly, 3 Mo. App. 606. (2) Parties axe, in the absence of fraud or treachery on the part of their attorney, bound by his acts or omissions and his authority by virtue of his. employment extends to the conduct and management of the cause, in and out of court. Davis v. Hall, 90 Mo. 659. (3) A stipulation entered…
1Opinion of the CourtBrace, P. J.
This is an appeal by the plaintiff from a judgment of the Montgomery Circuit Court, rendered on the twenty-seventh of December, 1897, dismissing his bill, and for costs in favor of the defendants. The suit was instituted in said court at Danville on the ninth of October, 1889, against Hugh B. Gibson, Mary D. Gibson, George Palmer and Alexander Mudd as defendants, and on stipulation transferred to said court at Montgomery City. Pending the suit, the said defendants, Hugh B. Gibson and Mary B. Gibson, died, and their death having been suggested, and the defendant Eobert N. Gibson, Thomas N.…
2Cases cited7 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Laney v. GarbeeSupreme Court of Missouri · 1891
- Smith's Administrator v. RollinsSupreme Court of Missouri · 1857
- Brown v. LangloisSupreme Court of Missouri · 1879
- Williams v. MonroeSupreme Court of Missouri · 1894
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3Cited by5 opinions
- Moon v. Tower Grove Bank & Trust Co.Missouri Court of Appeals · 1983
- Blackburn v. HolmesSupreme Court of Missouri · 1958
- Mattocks v. Van AsmusMissouri Court of Appeals · 1914
- State Ex Rel. Fabrico v. TrimbleSupreme Court of Missouri · 1925
- Brassfield v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1904