Commercial Bank v. Foltz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Moses Foltz, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 2d day of September, 1896, denying his motion to set aside a. judgment in foreclosure as against the said Foltz, together with the sale and all proceedings thereunder as irregular and void, because at the time of its entry the attorney for Foltz was disqualified to .act as such, he having been…
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Appeal by the defendant, Moses Foltz, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 2d day of September, 1896, denying his motion to set aside a. judgment in foreclosure as against the said Foltz, together with the sale and all proceedings thereunder as irregular and void, because at the time of its entry the attorney for Foltz was disqualified to .act as such, he having been disbarred and no legal substitution having been made. . . John F. Dorthy, an attorney at.law in Rochester, was the attorney of…
1Opinion of the Court
Ward, J.:
Section 65 of the Code of Civil Procedure provides as follows: “ If an attorney dies, is removed or suspended, or otherwise becomes disabled to act, at any time before judgment in an action, no further proceedings shall be taken in the action, against the party for whom he appeared, until thirty days after notice to appoint another attorney has been given to that party, either personally or in such other manner as the court directs.”
The command of this statute is absolute. There shall be no further proceedings in the action as against the party for whom the attorney has appeared…
2Cases cited4 opinions
- Read v. . FrenchNew York Court of Appeals · 1863
- Ward v. . RoyNew York Court of Appeals · 1877
- Knapp v. . RocheNew York Court of Appeals · 1880
- Davis v. . BoweNew York Court of Appeals · 1889
3Cited by18 opinions
- Hendry v. HiltonAppellate Division of the Supreme Court of the State of New York · 1953
- Thomas v. ThomasNew York Supreme Court · 1942
- Slepin v. BeckNew York Supreme Court · 1914
- Marco v. SachsNew York Supreme Court · 1960
- Ohlquist v. NordstromNew York Supreme Court · 1932
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