Legal Opinion

Davidson v. Rozier

Supreme Court of Missouri

Decided October 15, 1856PublishedCited by 5 opinions

Appeal from Sí. Frangois Circuit Court. This cause was formerly in this court. (See 20 Mo. 132.) The petition is as follows : “ Plaintiff states that on the 14th day of February, 1851, at Grass Valley, California, he delivered to defendant five hundred and fifty dollars — five hundred of which was to be left at Potosí, Missouri, with Priscilla Davidson, wife of plaintiff.

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Appeal from Sí. Frangois Circuit Court. This cause was formerly in this court. (See 20 Mo. 132.) The petition is as follows : “ Plaintiff states that on the 14th day of February, 1851, at Grass Valley, California, he delivered to defendant five hundred and fifty dollars — five hundred of which was to be left at Potosí, Missouri, with Priscilla Davidson, wife of plaintiff. Plaintiff further states that defendant did not deliver said money, or leave on deposit the same, according to his undertaking, or any part thereof except one hundred dollars ; and that the sum of four hundred dollars is yet…

1Opinion of the CourtScott, Judge

This case turns on the question whether an attorney at law, as such, can make a compromise for his client. An attorney is authorized to do those things only which pertain to the conducting of the suit. He has a right to enter into a reference, but no right to make a compromise. (Huston v. Mitchell, 14 S. & R. 309; Dodds v. Dodds, 9 Barr, 315; Holker v. Parker, 7 Cranch, 452.)

The record offered in evidence does not show that there was a final judgment between the parties in the first action. There -was only a non-suit taken, which does not bar a second suit. The other judges concurring, the…

2Cases cited1 opinion

  1. Holker v. ParkerSupreme Court of the United States · 1813

3Cited by5 opinions

  1. Dwight v. HazlettWest Virginia Supreme Court · 1929
  2. Marbourg v. SmithSupreme Court of Kansas · 1873
  3. Preston v. HillCalifornia Supreme Court · 1875
  4. Hallack v. LoftSupreme Court of Colorado · 1893
  5. Rosenblum v. Jacks or Better of America West Inc.Missouri Court of Appeals · 1988

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