Judah v. Hogan
Supreme Court of Missouri
Appeal from Randolph Court of Common Pleas. — Hon. G. IL Burckhartt, Judge. In all the cases in which this court has held the negligence of the attorney to be the negligence of the client, it was after judgment had been entered and the damages, assessed.
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Appeal from Randolph Court of Common Pleas. — Hon. G. IL Burckhartt, Judge. In all the cases in which this court has held the negligence of the attorney to be the negligence of the client, it was after judgment had been entered and the damages, assessed. Field v. Matson, 8 Mo. 686; Kerby v. Chadwell,. 10 Mo. 393 ; Stout v. Lewis, 11 Mo. 438; Ridgley v. Steamboat Reindeer, 27 Mo. 442; Gehrlce Jod, 59 Mo. 522. The failure of an attorney to plead in a cause in proper time is negligence, and his negligence, if not satisfactorily excused, is the negligence of the client, and no excuse for failure.…
1Opinion of the CourtNapton, J.
The eases, in which this court has interfered with the discretion of the circuit court in relieving, or refusing to relieve a party against the negligence of his attorney, are very rare. Indeed, it may be confidently said that the rule is recognized in almost every volume of our Reports, that the negligence of the attorney is the negligence of the client. There are cases, however, in which this court has interposed, not to relieve against the consequences of negligence, but against the result of accidents which ordinary diligence would not be likely to •prevent. The case of Stout v. Lewis, 11…
2Cases cited6 opinions
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Field v. MatsonSupreme Court of Missouri · 1844
- Gehrke v. JodSupreme Court of Missouri · 1875
- Stout v. LewisSupreme Court of Missouri · 1848
- Austin v. NelsonSupreme Court of Missouri · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Parks v. CoyneMissouri Court of Appeals · 1911
- Hall v. McConeyMissouri Court of Appeals · 1910
- Robyn v. Chronicle Publishing Co.Supreme Court of Missouri · 1895
- Armstrong v. ElrickMissouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.