Harshey v. Blackmarr
Supreme Court of Iowa
Appeal from Marshall District Court. Power of attorney-at-law to bind client : effect OF UNAUTHORIZED APPEARANCE: WHEN RELIEVED AGAINST: conclusiveness of judgment, ac., <60. — The questions ill this case arise upon the ruling of the District Court, sustaining the demurrer of the defendants, William Parnell, John A. Campbell, and William Battin, to the petition, and dismissing it. It is, therefore, necessary here to set out the substance of the petition.
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Appeal from Marshall District Court. Power of attorney-at-law to bind client : effect OF UNAUTHORIZED APPEARANCE: WHEN RELIEVED AGAINST: conclusiveness of judgment, ac., <60. — The questions ill this case arise upon the ruling of the District Court, sustaining the demurrer of the defendants, William Parnell, John A. Campbell, and William Battin, to the petition, and dismissing it. It is, therefore, necessary here to set out the substance of the petition. The petition was filed August 7, 1865, against J. L. Blackmarr and wife (mortgagors), and the «above named Parnell, Campbell, and Battin,…
1Opinion of the CourtDillon, J.
1. ATTOR” *Styp?^°* sumed. It will be perceived from the statement, that the case brings into consideration the general subject of the power of attorneys-at-law to bind or conclude l j j those for whom, loithout authority, they assume to appear anc¿ acThe importance of the principles involved, as well as the unsettled state of the authorities, induced us to reserve the cause from the last term until the present, that it might be examined with the *171requisite thoroughness, and decided upon the most mature deliberation. That the existing state of the law may be understood, it is necessary to…
2Cases cited23 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Starbuck v. MurrayNew York Supreme Court · 1830
- Denton v. NoyesNew York Supreme Court · 1810
- Rape v. HeatonWisconsin Supreme Court · 1859
- American Insurance v. OakleyNew York Court of Chancery · 1842
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3Cited by64 opinions
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- Randall v. CollinsTexas Supreme Court · 1881
- Dubois v. ClarkColorado Court of Appeals · 1898
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