Legal Opinion

Turner v. Fleming

Supreme Court of Oklahoma

Decided February 18, 1913No. 2546PublishedCited by 31 opinions

Error from District Court, Pottawatomie County; Boy Hoffman, Judge. Action by J. B. Turner against M. C. Fleming and At. T. Brown. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

Opinion by

BREWER, C.

The question presented in this case is this: Is an agreement of an attorney in a case to settle by compromise and dismiss the case, as per stipulation, by virtue of his general employment to bring suit, and without special authority or the knowledge or consent of his client, binding on the client, who afterwards learns of the matter and brings a proceeding to set aside the judgment and order of dismissal ?

The defendant in error has filed no brief. The facts, briefly stated, are: Plaintiff in error, Turner, a nonresident, owns a building in Shawnee, and defendants in error…

2Cases cited21 opinions

  1. Foye v. PatchMassachusetts Supreme Judicial Court · 1882
  2. United States v. ParkerSupreme Court of the United States · 1887
  3. Merritt v. CampbellCalifornia Supreme Court · 1874
  4. Forest Coal Co. v. DoolittleWest Virginia Supreme Court · 1903
  5. Wilcher v. RobertsonSupreme Court of Virginia · 1884

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

3Cited by31 opinions

  1. Dwight v. HazlettWest Virginia Supreme Court · 1929
  2. Kelleher v. LozziSupreme Court of New Jersey · 1951
  3. Empire Oil & Refining Co. v. ChapmanSupreme Court of Oklahoma · 1938
  4. Eberle v. Sinclair Prairie Oil Co.District Court, E.D. Oklahoma · 1940
  5. First State Bank of Indiahoma v. CarrSupreme Court of Oklahoma · 1919

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

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