Hefferman v. Burt
Supreme Court of Iowa
Appeal from the Lee District Court. Suit upon a promissory note. Attached to, and following the plaintiff’s petition, is the following agreement: “ As attorney of B. C. Burt, I hereby agree to appear to the foregoing petition, without further notice, waiving the same. I also agree that this petition may be filed at any time within the coming term of court, and have the same force as if filed ten days before the term. J. A. Goodrich, Att’y. for R. E. Burt.
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Appeal from the Lee District Court. Suit upon a promissory note. Attached to, and following the plaintiff’s petition, is the following agreement: “ As attorney of B. C. Burt, I hereby agree to appear to the foregoing petition, without further notice, waiving the same. I also agree that this petition may be filed at any time within the coming term of court, and have the same force as if filed ten days before the term. J. A. Goodrich, Att’y. for R. E. Burt. September 15th, 1857. The petition was filed October 20th, 1857, and on the 23d, the plaintiff appeared by attorney, and the defendant, by…
1Opinion of the Court
Weight, C. J".
Three errors are assigned. First.- That Goodrich could not make the agreement attached to the petition, so as to place the defendant in court; and that his appearance under it, could not give the court jurisdiction of the defendant’s person. If Goodrich was, in fact, the attorney of defendant, and had been employed and retained by him, in relation to this particular case, he could make the agreement. An attorney may be employed in contemplation of a suit to be brought, and when thus employed, his client would be bound by his stipulation in relation to the same, to the same…
2Cases cited1 opinion
- Haven & Buck v. BaldwinSupreme Court of Iowa · 1858
3Cited by11 opinions
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- Fremont County v. Fremont County BankSupreme Court of Iowa · 1909
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