Cutting v. Jessmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank A. Cutting, from an order of the County Court of St. Lawrence county, entered in the office of the clerk of St. Lawrence county on the 21st day of April, 1904, vacating and setting aside a' judgment and taxation of costs in favor of the plaintiff and directing a taxation of defendant’s bill of costs: This action was commenced in Justice’s Court to recover for an alleged trespass by the defendant on the plaintiff’s real property.
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Appeal by the plaintiff, Frank A. Cutting, from an order of the County Court of St. Lawrence county, entered in the office of the clerk of St. Lawrence county on the 21st day of April, 1904, vacating and setting aside a' judgment and taxation of costs in favor of the plaintiff and directing a taxation of defendant’s bill of costs: This action was commenced in Justice’s Court to recover for an alleged trespass by the defendant on the plaintiff’s real property. In the Justice’s Court the. defendant, before answering, offered to allow judgment to be taken against him for two dollars and…
1Opinion of the Court
Chase, J.:
Daniels, while acting for the defendant in the Justice’s Court, did so as an attorney in fact, and liis authority as such ceased when the case was finally submitted. (McLear v. Reynolds, 76 App. Div. 267; Beardsley v. Pope, 88 Hun, 560.)
As soon as the case was pending in the County Court the respondent had a right to appear therein generally or specially by an attorney at law and a general or special appearance in an action by an attorney at law is presumptive evidence of the authority of the attorney to so appear. (Brown v. Nichols, 42 N. Y. 26; Wing v. Rionda, 125 id. 678.)
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2Cases cited7 opinions
- Brown v. . NicholsNew York Court of Appeals · 1870
- Paine Lumber Co. v. GalbraithAppellate Division of the Supreme Court of the State of New York · 1899
- Adams v. . FoxNew York Court of Appeals · 1863
- Wood v. FurtickAppellate Terms of the Supreme Court of New York · 1896
- Couch v. MulhaneThe Superior Court of New York City · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Miller v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1909
- Carey v. Wright, New York County Courts1934
- Miller v. AllenAppellate Division of the Supreme Court of the State of New York · 1909