Legal Opinion

Bradley v. Welch

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 16 opinions

Appeal from Pettis Circuit Court.—John Montgomery, Esq., Special Judge. (1) The modern doctrine is, that a judgment rendered against a party who has not been served with summons, upon the unauthorized appearance of an attorney, whether such attorney is able to respond in damages or not, is, at least, voidable (and in many jurisdictions absolutely void), and will be set aside on motion.

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Appeal from Pettis Circuit Court.—John Montgomery, Esq., Special Judge. (1) The modern doctrine is, that a judgment rendered against a party who has not been served with summons, upon the unauthorized appearance of an attorney, whether such attorney is able to respond in damages or not, is, at least, voidable (and in many jurisdictions absolutely void), and will be set aside on motion. Reynolds v. Flemming, 30 Kan. 106, and authorities cited; Kepley v. Irwin, 14 Neb. 300; Bruekman v. Shaffer, 23 Kan. 528; Anderson v. Haioke, 3 N. E. Rep. (s. c. 111.) 566; Baker v. O'Riordan, 65 Cal. 368;…

1Opinion of the CourtBlack, J.

The plaintiffs obtained a judgment against the three defendants for the possession of five lots and for damages and costs at the September term, *2631886, of the Pettis circuit court. The defendants, Welch and Ferguson, were the tenants of the defendant, Julius Blandón. At the same term, the defendants filed their motion to set aside and vacate the judgment, and as grounds therefor they state, that they had no notice or knowledge of the suit, and had never been served with summons, and did hot enter or authorize any one to enter their appearance. From an order overruling the motion, they sued…

2Cases cited6 opinions

  1. Harshey v. BlackmarrSupreme Court of Iowa · 1866
  2. Marx v. ForeSupreme Court of Missouri · 1872
  3. Napton v. LeatonSupreme Court of Missouri · 1879
  4. Eager v. StoverSupreme Court of Missouri · 1875
  5. Masterson v. Le ClaireSupreme Court of Minnesota · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Cross v. GouldMissouri Court of Appeals · 1908
  2. Dubois v. ClarkColorado Court of Appeals · 1898
  3. Cochran v. ThomasSupreme Court of Missouri · 1895
  4. Stuart Ex Rel. Stuart v. DickinsonSupreme Court of Missouri · 1921
  5. King v. MenzNorth Dakota Supreme Court · 1956

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