State ex rel. Ponath v. Muench
Supreme Court of Missouri
Prohibition. Three terms after the final decree was entered in the case and with none of the defendants in court, October 22, 1902, the court accepted the resignation of the Lincoln Trust Company as trustee and appointed Caroline Bircher trustee. The court had no jurisdiction to enter this order, and the said judgment appointing Caroline Ponath (nee Bircher) trustee, was and is null and void1. Henry Boemler could not waive service for the defendants.
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Prohibition. Three terms after the final decree was entered in the case and with none of the defendants in court, October 22, 1902, the court accepted the resignation of the Lincoln Trust Company as trustee and appointed Caroline Bircher trustee. The court had no jurisdiction to enter this order, and the said judgment appointing Caroline Ponath (nee Bircher) trustee, was and is null and void1. Henry Boemler could not waive service for the defendants. An attorney at law has no authority to waive service for client of original process. Bradley v. Wel°b, 100 Mo. 258. An attorney, under ordinary…
1Opinion of the CourtGraves, J.
This is an original action in prohibition. Relator was formerly Caroline E. Bircher. Tbe original petition was against Hon. Hugo Mnencb, Judge, and tbe St. Louis Trust Company, as respondents, but by order of this court other respondents were permitted to come in and defend. In tbe first place, preliminary order to show cause was granted by one of tbe judges of this court, and thereafter tbe order as to tbe volunteer respondents was made. To this order to show cause all of tbe respondents made return, whereupon relator moved for judgment on tbe pleadings and that tbe preliminary order in…
2Cases cited7 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- State ex rel. McManus v. MuenchSupreme Court of Missouri · 1909
- Brown v. ArnoldCourt of Appeals for the Eighth Circuit · 1904
- Reynolds v. FlemingSupreme Court of Kansas · 1883
- Valle v. PictonSupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Riggs v. MoiseSupreme Court of Missouri · 1939
- Hardy v. McCullochCourt of Appeals of Texas · 1926
- Barrier v. LoweryTexas Commission of Appeals · 1929
- State ex rel. Heddens v. RuskSupreme Court of Missouri · 1911
- Smith v. KieneSupreme Court of Missouri · 1910
9 more not listed; retrieve them via the Exa API.