Mills v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. T. J. Seehorn, Judge. (1) The court erred in setting aside the judgment entered of record on October 17, 1917. (a) This was an action at law, and after the final judgment of October 17, 1917, the court was without authority to<- set aside the judgment for the purpose of permitting the amendment of the motion, the introduction of further evidence, and then to enter a new judgment for the petitioner.
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Appeal from Jackson Circuit Court. — Eon. T. J. Seehorn, Judge. (1) The court erred in setting aside the judgment entered of record on October 17, 1917. (a) This was an action at law, and after the final judgment of October 17, 1917, the court was without authority to<- set aside the judgment for the purpose of permitting the amendment of the motion, the introduction of further evidence, and then to enter a new judgment for the petitioner. The judgment of October 17, 1917, was a final judgment in a law case. The court had authority only to sustain petitioner’s motion for a new trial, or to…
1Opinion of the Court
This is an action based on the Attorney's Lien Statute. M.C. Gillham, hereinafter designated the plaintiff, is, and for a number of years has been, a member of the Kansas City Bar, actively engaged in the practice of law. Some time prior to February 8, 1916, one Mills sustained personal injury through the negligence of defendants while a passenger on their cars. On the last named date he employed plaintiff as his attorney to commence and prosecute a suit for the recovery of his damages. By the contract of employment it was agreed between plaintiff and Mills the plaintiff should have for his…
2Cases cited13 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- Kersey v. GartonSupreme Court of Missouri · 1883
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Craig v. Jo B. Gardner, Inc.Supreme Court of Missouri · 1979
- Plaza Shoe Store, Inc. v. Hermel, Inc.Supreme Court of Missouri · 1982
- Tonn v. ReuterWisconsin Supreme Court · 1959
- Royden v. ArdoinTexas Supreme Court · 1960
- International Materials Corp. v. Sun Corp.Supreme Court of Missouri · 1992
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