Shores v. Caswell
Massachusetts Supreme Judicial Court
Scire facias against the bail taken by Elias A. Morse, a deputy sheriff, in an action brought by the plaintiff against Warren Billings. At the trial before Hubbard, J. the plaintiff, to prove the execution of the bail bond by Billings, the principal, offered the said Morse as a witness.
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Scire facias against the bail taken by Elias A. Morse, a deputy sheriff, in an action brought by the plaintiff against Warren Billings. At the trial before Hubbard, J. the plaintiff, to prove the execution of the bail bond by Billings, the principal, offered the said Morse as a witness. On his being objected to as incompetent, by reason of his interest in the event of the suit, a release, executed by the plaintiff’s attorney of record in this suit, was produced and delivered to Morse. The defendants objected, that the plaintiff’s attorney of record was not, as such, authorized to execute the…
1Opinion of the CourtShaw, C. J.
This was an attempt to carry the authority of an attorney beyond its just limits. We speak of the authority of an attorney, arising from his relation, as such, without other powers expressly conferred. Undoubtedly an attorney, retained to prosecute or defend a suit, has authority, as "ncidental to his retainer, to take all legal steps, and do every *414legal act, in behalf of his client, to the legal end and determination of such suit. He may appeal; Adams v. Robinson, 1 Pick. 461; or refer a case to arbitrators; Buckland v. Conway, 16 Mass. 396. He may receive livery of seizin; Pratt v. Putnam,…
2Cases cited2 opinions
- Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
- Pratt v. PutnamMassachusetts Supreme Judicial Court · 1816