Ex parte Holbrook
New York Supreme Court
On appeal to the C. P. of Jefferson county by Holbrook, Fessenden, Adams and Lee, against W. & I. Symonds, the Court quashed the appeal, because the appeal bond was executed by C. Rice, as attorney for Holbrook and Fessenden.
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On appeal to the C. P. of Jefferson county by Holbrook, Fessenden, Adams and Lee, against W. & I. Symonds, the Court quashed the appeal, because the appeal bond was executed by C. Rice, as attorney for Holbrook and Fessenden. It appeared in that Court, that the bond was duly executed by the other two appellants; and that Rice had a power from Holbrook and Fessenden, who resided in "Ver mont to do every thing necessary and proper to be done in defending any suit or suits brought, or which might be brought against them.. The bond was duly executed by the proper surety, approved by the justice…
1Opinion of the CourtSutherland, J.
remarked, in giving the opinion of the Court, that it involved the same point with that; for it was clear that a general power to defend all causes, <fcc., would not authorize the attorney to execute an appeal bo“~d in the name of his client.
Rule for a mandamus
2Cited by4 opinions
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