Hubbell v. Harbeck
New York Supreme Court
Appeal from Allegany county court. John Hubbell recovered judgment against John Harbeck before a justice •of the peace. From a judgment of the county court setting aside the judgment, plaintiff appeals.
1Opinion of the CourtDwight, J.
Two days after he issued the summons in this action, the justice, who was an attorney at law, accepted a retainer from the plaintiff to bring an action for him in the supreme court, and proceeded to do so. It was the first time he had ever been employed as an attorney by the plaintiff. He was acting in that capacity when this action was tried. The defendant, having learned of the relation existing between his adversary and the court after the joining of issue, filed an affidavit of the facts on the adjourned day, and asked that the action be dismissed for that reason. The motion was denied,…
2Cases cited2 opinions
- Stebbins v. BrownNew York Supreme Court · 1873
- O'Brien v. LongNew York Supreme Court · 1888
3Cited by6 opinions
- Filarsky v. DeliaSupreme Court of the United States · 2012
- In re the Arbitration between Knickerbocker Textile Corp. & Sheila-Lynn, Inc.New York Supreme Court · 1939
- Davis v. SeawardNew York Supreme Court · 1914
- Filarsky v. DeliaSupreme Court of the United States · 2012
- People v. Ibey, New York County Courts1923
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