Baltimore & Ohio Railroad v. Fitzpatrick
Court of Appeals of Maryland
Motion to strike out the entry of “judgment satisfied.” On the 21st of June, 1871, Thomas J. Fitzpatrick, infant, by his next friend, obtained a judgment against the Baltimore and Ohio Railroad Company, in the Court of Common Pleas, for the sum of $8,000, which on appeal was affirmed on the 12th of January, 1872, (see 35 Md., 32.) Soon afterward the amount of the judgment was paid by the defendant to Robert J. Brent, the attorney of record, regularly employed by 'the next…
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Motion to strike out the entry of “judgment satisfied.” On the 21st of June, 1871, Thomas J. Fitzpatrick, infant, by his next friend, obtained a judgment against the Baltimore and Ohio Railroad Company, in the Court of Common Pleas, for the sum of $8,000, which on appeal was affirmed on the 12th of January, 1872, (see 35 Md., 32.) Soon afterward the amount of the judgment was paid by the defendant to Robert J. Brent, the attorney of record, regularly employed by 'the next friend to conduct the action; and on the 30th of January, 1872, by order of Mr. Brent, in writing, the judgment was…
1Opinion of the CourtAlvey, J.
The motion in this case, to strike out the entry of satisfaction, authorized to be made by the attorney of record, presents a question of very considerable interest and importance, involving as it does an inquiry into the extent of the power of the attorney, authorizing the entry, as well as the right of the infant plaintiff, on whose behalf the motion is made.
The action was brought for and in the name of the infant, who sued bj prochien ami; and judgment having been recovered by the plaintiff, and the amount thereof paid by the defendant to the attorney of record, who was regularly employed…
2Cases cited1 opinion
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
3Cited by21 opinions
- Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
- Whitten v. DabneyCalifornia Supreme Court · 1915
- Hogan v. IngoldCalifornia Supreme Court · 1952
- Tripp v. GiffordMassachusetts Supreme Judicial Court · 1891
- Berrain v. KatzenCourt of Appeals of Maryland · 1993
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