Griswold v. Haas
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Jlon. Eugene McQuillin, Judge. (1) The plaintiff showed no title in himself to maintain the action. His appointment as special commissioner is utterly void and open to collateral attack. The certified copy of Ms appointment should have been excluded.
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Appeal from St. Louis City Circuit Court. — Jlon. Eugene McQuillin, Judge. (1) The plaintiff showed no title in himself to maintain the action. His appointment as special commissioner is utterly void and open to collateral attack. The certified copy of Ms appointment should have been excluded. Charles v. White, 214 Mo. 187; 112 S. W. 545; Hope v. Blair, 105 Mo. 93; Stark v. Kirchgraber, 186 Mo. 633; Reynolds v. Stockton, 140 U. S. 254; Mnndy v. Vail, 34 N. J. L. 418; 1 Black on Judgments, p. 242; Freeman on Void Judicial Sales, pp. 7, 20, 21, notes 3 and 4; Thomas v. Gann, 156 S. W. 74. (2)…
1Opinion of the CourtReynolds, P. J.
This is the second appearance of these parties before our court on a controversy growing out of the same transaction. When the first case was here we reversed the judgment and remanded the case on two grounds: First, error of the trial court in the rejection of certain testimony as to agency; second, that being an action to recover the purchase price of property alleged to have been sold, we held it did not lie, but that the proper action under the facts would be either for deceit or upon the express or implied warranty of authority to make the purchase. [See Griswold v. Haas, 145 Mo. App.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Griswold v. HaasMissouri Court of Appeals · 1909
- Joy v. CaleMissouri Court of Appeals · 1907