Everett v. Warner Bank
Supreme Court of New Hampshire
Bill in Equity, for an injunction to restrain the enforcement of a judgment. The bill alleges that suit was brought by the defendants against the plaintiff and one C., as late partners of the firm of Jonathan H. Clement & Co.; that there was no service of the writ upon the plaintiff; that he never authorized counsel to appear for him in the action; that he had no notice of the commencement or pendency of the suit; that the action was entered at the October Term, 1866, of the…
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Bill in Equity, for an injunction to restrain the enforcement of a judgment. The bill alleges that suit was brought by the defendants against the plaintiff and one C., as late partners of the firm of Jonathan H. Clement & Co.; that there was no service of the writ upon the plaintiff; that he never authorized counsel to appear for him in the action; that he had no notice of the commencement or pendency of the suit; that the action was entered at the October Term, 1866, of the Supreme Judicial Court; that a general appearance was entered by attorneys for Clement & Co., and the action continued…
1Opinion of the CourtClark, J.
Bunton v. Lyford, 37 N. H. 512, and Smyth v. Balch, 40 N. H. 363, sustain the ruling of the court dismissing the bill in this case. The rule, that an unauthorized appearance of a responsible attorney is valid and binding upon the party for whom the appearance is made, has been recognized and adopted in this state, and we are inclined to regard the question as settled, upon the authority of those cases. In affirming Bunton v. Lyford and Smyth v. Balch, we are not unmindful of the fact that the weight of authority in the American courts at the present time seems to be against the doctrine of…
2Cases cited4 opinions
- Newcomb v. PeckSupreme Court of Vermont · 1845
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
- Spaulding v. SwiftSupreme Court of Vermont · 1846
- Josiah Abbott & Co. v. DuttonSupreme Court of Vermont · 1872
3Cited by1 opinion
- Beliveau v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1894