Stevens v. Fuller
Supreme Court of New Hampshire
This action was entered in the circuit court for the southern district of this county at the November term, 1874. At the same term, the defendant’s counsel filed a motion, supported by affidavit, to dismiss said action, for the reason that the writ was made and indorsed by George W. Silver as attorney; that said Silver is not an attorney of said court, nor of any court in this state, and is not a person authorized to use the processes of said court in said action.
Read the full summary
This action was entered in the circuit court for the southern district of this county at the November term, 1874. At the same term, the defendant’s counsel filed a motion, supported by affidavit, to dismiss said action, for the reason that the writ was made and indorsed by George W. Silver as attorney; that said Silver is not an attorney of said court, nor of any court in this state, and is not a person authorized to use the processes of said court in said action. The questions of law arising thereon were transferred to this court for determination.
1Opinion of the Court
Attorneys — Writs — Practice. "A party in any proceeding may appear, plead, prosecute, or defend, in his proper person, or by any citizen of good character." Gen. Stats., ch. 199, sec. 1. It is difficult to conceive how language could in plainer terms authorize one to select such person as he may desire to prosecute or defend a suit in his behalf, provided the person selected is a citizen and of good character. Attorneys who have been admitted to practise as such are officers of the court, of whom the court will take judicial notice — Heydock v. Duncan, 43 N.H. 100 — and generally will not…
2Cases cited2 opinions
- Manchester Bank v. FellowsSuperior Court of New Hampshire · 1854
- Heydock v. DuncanSupreme Court of New Hampshire · 1861
3Cited by1 opinion
- Kinne v. HinmanSupreme Court of New Hampshire · 1878