State ex rel. Robb v. Shain
Decision Date | 18 April 1941 |
Docket Number | 37305 |
Citation | 149 S.W.2d 812,347 Mo. 928 |
Parties | State of Missouri at the relation of Jefferson Robb, Ruth E. Robb and Fred E. Robb, Petitioners, v. Hopkins B. Shain, Ewing C. Bland and William E. Kemp, as Judges of the Kansas City Court of Appeals |
Court | Missouri Supreme Court |
Writ quashed.
John Campbell for petitioners.
(1) The opinion of the Court of Appeals violates legal principles and is in conflict with the controlling decision of this court as announced in Bonnet-Brown Sales Co. v. Utt, 323 Mo 589, 19 S.W.2d 888, 891, in that: Said Court of Appeals' opinion holds that "Harmon," who was unknown to relators, was authorized to enter relator's appearance in the Illinois court proceedings at issue, by virtue of the so-called "warrant of attorney," despite the fact that the record of said Illinois court in said proceedings does not show said Harmon to be an attorney of a court of record. The Supreme Court, in said Bonnet-Brown case, holds that in the absence of such showing in the foreign court, the so-called "warrant of attorney" gives no power, the foreign court is without jurisdiction, and the judgment is void. (2) Said opinion of the Court of Appeals holds that a valid judgment rendered in Illinois is equally valid in Missouri and must be given full faith and credit in this State, which holding is directly in conflict with the said opinion of this, the Supreme Court, in said Bonnet-Brown case (19 S.W.2d 891), which holds that, in like circumstances
Rieger & Rieger and Edward J. Flynn for respondents.
The terms of the note were strictly followed by the Circuit Judge of Springfield, Illinois, and the judgment roll under the strict letter of that document shows a valid judgment jurisdiction of parties and the subject-matter, and good under the laws of Missouri.
Hyde C. Bradley and Dalton, CC., concur.
This is a proceeding in certiorari seeking to quash the opinion of the Kansas City Court of Appeals in the case of George Edw. Day Sons v. Robb, 139 S.W.2d 533. Conflict with the decision of this court, in Bonnet-Brown Sales Service Co. v. Utt, 323 Mo. 589, 19 S.W.2d 888, is claimed.
In both cases, the suit was upon an Illinois judgment, which had been entered by confession under the provisions of a warrant of attorney contained in a promissory note. In both, the note authorized "irrevocably, any attorney of any Court of Record to appear" (for the makers), and, ("without process") "confess a judgment in favor of the holder of this note (instrument) for such amount as may appear to be unpaid thereon" (due and unpaid), and attorney's fees. (The note herein said: "To appear for us in such court, in term time or vacation, at any time hereafter;" while the Bonnet-Brown note said: "To appear for the undersigned in any court.") Therefore, there is no substantial difference in these provisions of the notes involved. However, the Bonnet-Brown note (although payable in Illinois) was executed in Missouri by a citizen of this State who was never in Illinois at any time before the judgment was rendered in that State. Here the note was executed in Sagamon County, Illinois, by residents of that county and State (who later moved to Missouri) and judgment was entered in the Circuit Court of that county.
The Court of Appeals held that there was a substantial difference in the two judgments. The judgment on the Bonnet-Brown note was, as follows:
The judgment in this case was:
The ruling of the Court of Appeals was as follows:
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