St. John v. Croel
New York Supreme Court
Ejectment. In this case an order was granted by Gridlev, C. Judge, staying proceedings until the plaintiffs’ attorney should produce his authority for commencing the suit. (2 M. iS. 305, §■ 17 et seq.) Pursuant to the order the plaintiffs’ attorney produced a power under seal authorizing him to commence the suit, purporting to have been executed by F. St. John, and acknowledged before J. C. Schwart, U. S. consul at Vienna.
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Ejectment. In this case an order was granted by Gridlev, C. Judge, staying proceedings until the plaintiffs’ attorney should produce his authority for commencing the suit. (2 M. iS. 305, §■ 17 et seq.) Pursuant to the order the plaintiffs’ attorney produced a power under seal authorizing him to commence the suit, purporting to have been executed by F. St. John, and acknowledged before J. C. Schwart, U. S. consul at Vienna. The certificate of acknowledgment was in the usual form, authenticated by what purported to be the consular seal. A similar letter of attorney purporting to have been…
1Opinion of the Court
By the Court, Cowen, J.
The learned judge thought the question in this case of so much importance as to call for a discussion in writing, with which I have been furnished.(a) I think he has shown that the proof of authority from F. and H. J. St. John was sufficient. I will only add, that if there can be any question whether the powers of attorney be within the 1 R. S. 747, 2d ed. § 4, sub. 3, and therefore the subject of acknowledgment before foreign consuls, the doubt is removed by 2 id. 325, § 74, 2d ed.
Motion denied.
The following is an extract from the opinion of Judge Gridley, and the only…
2Cases cited4 opinions
- Mitchell v. BunchNew York Court of Chancery · 1831
- Griswold v. SedgwickNew York Supreme Court · 1828
- Grant v. BontzU.S. Circuit Court for the District of District of Columbia · 1819
- Baldwin v. HaleNew York Supreme Court · 1820