Legal Opinion

Board of Supervisors v. Brodhead

New York Supreme Court

Decided February 25, 1873PublishedCited by 2 opinions

This is an action upon the official bond of the defendant Brodhead as treasurer of Ulster county, to recover an alleged deficiency of $97,000, in the issue and sale of county bonds.

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This is an action upon the official bond of the defendant Brodhead as treasurer of Ulster county, to recover an alleged deficiency of $97,000, in the issue and sale of county bonds. The cause was referred to D. A. Scott, Esq., of Newburgh, and having been tried before the referee he made and delivered his report, dated December 11, 1872, wherein he found and decided that no cause ot action was established by the. plaintiff, but that the county was indebted to Brodhead as late treasurer, in the sum of $5,100, and ordered judgment in his favor for that amount and dismissed the complaint, with…

1Opinion of the CourtLearned, J.

Held. That the proceedings in an action must be taken by and in the name of the attorney of record ; that before another attorney can act or be heard in the cause, a regular substitution must be made so that the record shows his authority, that a party has no right to interfere with the due and orderly conduct of the suit by his attorney; aud therefore ordered that Mr. Cantine had no standing in court as attorney for the plaintiff) and that this motion could not be entertained.

2Cited by2 opinions

  1. Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
  2. Felt v. NicholsNew York Supreme Court · 1897

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