Boutel v. Owens
The Superior Court of New York City
This was an order to show cause why the judgment entered by confession in this action and all subsequent proceedings, should not be set aside.
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This was an order to show cause why the judgment entered by confession in this action and all subsequent proceedings, should not be set aside. It appeared from the affidavits, that the plaintiff keeps a segar store in Carmine-street, and has a sign in front, a wooden figure of a woman as large as life, holding segars; and that the defendant, who kept a grocery store directly opposite, on the 10th instant, when extremely excited by liquor, attacked the wooden figure, and mutilated it by breaking the arms and head; and that, at two o’clock on the following morning, while still under the…
1Opinion of the CourtMason, J.
It has long been a rule of the English courts, that no warrant of attorney executed by any person in custody of any sheriff or other officer, for the confessing of any judgment, shall be valid or of any force, unless there be present some attorney on the behalf of such person in custody, to be named by him, and attending at his request to inform him of the nature •and effect of such warrant of attorney before the same is executed ; and the attorney is required to subscribe his name to the due execution thereof. This rule was adopted in this form in the fourth year of George II., and it…
2Cases cited1 opinion
- Evans v. BegleysNew York Supreme Court · 1829
3Cited by2 opinions
- Franklin v. MuckleyCity of New York Municipal Court · 1947
- Lazzarone v. OisheiSuperior Court of Buffalo · 1892