Legal Opinion

Tullock v. Cunningham

New York Supreme Court

Decided August 15, 1823PublishedCited by 4 opinions

Oil certiorari to a Justice’s Court. Debt, in the Couix below, on a Justice’s judgment, for $26,06, by Cunningham against Tullock.

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Oil certiorari to a Justice’s Court. Debt, in the Couix below, on a Justice’s judgment, for $26,06, by Cunningham against Tullock. Mr. Crookshank, áttorney at law,- appeared for the plaintiff; His authority being called for by the defendant, he admitted that he had no written power, but sta- • ■ r ted, under oath, that he was authorized and employed by the plaintiff to attend to this suit.- The Justice decided that this was sufficient; An execution had been issued upon tho judgment, and a carriage of the defendant sold under it for an

1Opinion of the Court

Curia*

The authority of an attorney, who appears either fof a plaintiff or defendant, before a Justice, must be proved. But a parol authority is sufficient; and the attorney himself. is competent to prove it. The defendant below could not avaü himself of any declaration made by the plaintiff to the J i . Constable in relation to the execution. Even, admitting that j ha¿ told the Constable he must have the carriage hid in for him, and he would take it in satisfaction of the execution, R would be no defence in this suit, provided the sale was fairly conducted. If the Constable, in consequence of…

2Cited by4 opinions

  1. Mobile Transportation Co. v. City of MobileSupreme Court of Alabama · 1900
  2. Cotton v. HillerMississippi Supreme Court · 1876
  3. Hirshfield v. LandmanNew York Court of Common Pleas · 1854
  4. Rickey v. ChristieNew York Supreme Court · 1886

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