Thomas v. Steele
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. This action was commenced Eebruary 11th, 1867, in justice’s court, for the .wrongful taking and conversion by defendant of plaintiff’s wood. Murphy & Cravath, attorheys-at-law, appeared for the plaintiff, and Page & Montague for defendant, and Mr. Cra-vath made oath that he was authorized by plaintiff to commence the suit. After the pleadings had been made, the cause was adjourned to Eeburary 25th.
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APPEAL from the Circuit Court for Walworth County. This action was commenced Eebruary 11th, 1867, in justice’s court, for the .wrongful taking and conversion by defendant of plaintiff’s wood. Murphy & Cravath, attorheys-at-law, appeared for the plaintiff, and Page & Montague for defendant, and Mr. Cra-vath made oath that he was authorized by plaintiff to commence the suit. After the pleadings had been made, the cause was adjourned to Eeburary 25th. One Stebhins was examined as a witness for the plaintiff. The substance of his testimony as to the ownership and possession of the wood is stated…
1Opinion of the CourtDixoN, C. J.
The authority of an attorney-at-law who appears in a court of justice in behalf of a party to an action, is to be presumed. He is an officer of court; and if his authority is denied, the burden of showing that he is unauthorized rests upon the party making the denial. The justice, therefore, erred in nonsuiting the plaintiff on this ground.
Nor do we think that the nonsuit can be upheld on the ground that no evidence had been given of the conversion of the wood by the defendant. The wood being in the possession of the plaintiff on the 9th of February, was found in the unexplained possession of…
2Cited by10 opinions
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- Ricker's PetitionSupreme Court of New Hampshire · 1890
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- Reinkey v. WilkinsWisconsin Supreme Court · 1920
- Muschel v. Town of MolitorCourt of Appeals of Wisconsin · 1985
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