Cartwell ex rel. Houston v. Menifee
Supreme Court of Arkansas
Error to Conway Circuit Court. This suit was founded on a writing obligatory, purporting to have been made by Nathaniel H. Buckley and N. Menifee, payable to H. R. Cartwell, in whose name it was commenced and prosecuted, for the use of John L. Houston, before a Justice of the Peace, who rendered a judgment upon it against the defendant in error, from which he appealed to the Circuit Court, and while the case was there pending, obtained a rule upon John Linton, an attorney at…
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Error to Conway Circuit Court. This suit was founded on a writing obligatory, purporting to have been made by Nathaniel H. Buckley and N. Menifee, payable to H. R. Cartwell, in whose name it was commenced and prosecuted, for the use of John L. Houston, before a Justice of the Peace, who rendered a judgment upon it against the defendant in error, from which he appealed to the Circuit Court, and while the case was there pending, obtained a rule upon John Linton, an attorney at law, representing the plaintiff in the case in that court, to produce his authority from the plaintiff to prosecute the…
1Opinion of the CourtRingo, Chief Justice
The question to be decided is, whether the rule upon Linton, to produce his authority to prosecute the suit was authorized by law, and if so, whether the authority produced by him, was legally sufficient for that purpose?, In the case of Tally vs. Reynolds, 1 Ark. Rep. 99, this court recognized the principle that every attorney regularly licensed and duly admitted to practice in the courts of this State, possesses by virtue of his license and admission, a general right to appear, for any of the suitors in the courts where he is admitted to practice, who may retain him for that purpose: but…
2Cases cited1 opinion
- Tally v. ReynoldsSupreme Court of Arkansas · 1838
3Cited by6 opinions
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- Asociación de Padres Capuchinos de Pennsylvania v. District Court of San JuanSupreme Court of Puerto Rico · 1933
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