Davidson v. Rozier

Decided October 15, 1856

Supreme Court of Missouri · decided 1856-10-15

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.

Good law ✅— No negative treatment on recordhow we know

Decided 1856-10-15

How this case has been cited

Cited by 4 later decisions — most recently January 1988

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2This 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.)

¶3The 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 judgment will be affirmed.