Caniff v. Myers
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The plaintiff in error brought an action in the court below against the defendant in error, and on the return of the process, one Barnes appeared as attorney for the plaintiff The defendant objected to him, and demanded his authority ; on which Barnes produced a written power purporting to be signed and sealed by the plaintiff, and to which the attorney was the only subscribing witness.
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IN ERROR, on certiorari to a justice’s court. The plaintiff in error brought an action in the court below against the defendant in error, and on the return of the process, one Barnes appeared as attorney for the plaintiff The defendant objected to him, and demanded his authority ; on which Barnes produced a written power purporting to be signed and sealed by the plaintiff, and to which the attorney was the only subscribing witness. Barnes offered himself as a witness to prove the execution of it, but was objected to by the defendant, and excluded by the justice, who gave judgment of nonsuit,…
1Per curiam
As between the plaintiff and defendant, the attorney was a competent witness to prove the authority to himself to appear as attorney in the suit. He acquired no right to costs in consequence of swearing to the execution of the power, and, therefore, had no interest. The justice also erred in giving judgment against the plaintiff for his own costs.
Judgment reversed.(a)
Vide Timmerman v. Morrison, 14 Johns. Rep. 369.
2Cited by2 opinions
- Folly v. SmithSupreme Court of New Jersey · 1831
- Gaul v. GroatNew York Supreme Court · 1823