Smyth v. Balch

The facts of this case appear in the opinion of the court, delivered by

Bellows, J.

This is a bill in equity, brought by Frederick Smyth and T. W. Little against Daniel S. Balch, for relief by way of injunction, against a judgment by this defendant against the plaintiffs, for costs, rendered in a suit in favor of Smyth and Little against Bobert F. Shepard, the principal, and the said Balch as trustee.

The ground upon which relief is sought is that the original suit was brought and prosecuted by J. Porter, Jr., *364an attorney-at-law, without the knowledge or assent of said Smyth and Little, and…