Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 282

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 282

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...counsel prepared a stipulation for the dismissal of the appeal to be filed in the Court of Appeals and same was signed by the plaintiff and the counsel for the defendant. The latter, accompanied by the plaintiff, then went to the office of the Clerk of the Circuit Court and the plaintiff signed an entry of satisfaction on the record of his judgment against the defendant. Counsel for the defendant then paid the plaintiff the sum agreed upon in the settlement. This transaction occurred on the 8th day of September, 1913. On October 2, 1913, counsel for plaintiff, who had prosecuted the action to a judgment for a contingent fee and who had no knowledge at the time of the plaintiff 's settlement with the counsel for the defendant, filed in the Court of Appeals a motion, under plaintiff 's direction, to set aside the release and satisfaction of the judgment on the ground of fraud and deception alleged to have been practiced upon the plaintiff in the procure ' ment of the settlement. Testimony was taken under the order of the court in support of the motion and upon a hearing the same was overruled, thus sustaining the settlement. One of the judges dissented and certified the cause to this court on the ground that the ruling of the majority was in conflict with principles announced in Stonemets v. Head, 248 M0. 243 and Girard v. St. Louis Gar Wheel Co., 123 M0. 358. The transcript of the entire proceedings in this case is before us. It includes not only the record of the proceedings in the circuit court, but in addition the record and the testimony concerning the stipulation to dismiss and plaintiff 's motion to set aside the settlement and the court 's ruling on same. I. The case comes to us as if upon direct appeal...
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Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • United States
  • English
  • black & white illustrations
  • 123674473X
  • 9781236744739