Timmerman v. Morrison
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action, in the court below, against the plaintiff in error, and on the return of the summons one Wilbor appeared for the plaintiff below, the defendant in error; and, on his authority, for that purpose, being denied by the defendant below, Wilbor produced a paper purporting to be a power of attorney, with the name of the plaintiff subscribed.
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IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action, in the court below, against the plaintiff in error, and on the return of the summons one Wilbor appeared for the plaintiff below, the defendant in error; and, on his authority, for that purpose, being denied by the defendant below, Wilbor produced a paper purporting to be a power of attorney, with the name of the plaintiff subscribed. The defendant denied the execution of the power, but the over-ruled the objection, and admitted Wilbor to prosecute, as attorney for the plaintiff, without any proof of the…
1Per curiam
The justice erred. 1. In not requiring proof of the execution of the pretended power of attorney.
2. The demurrer to the declaration was well taken, and the defendant was entitled to judgment thereon.
3. The justice erred in his construction of the statute for regulating the practice of physic and surgery. (2 R. L. 219.) The 12th section of that act forbids any person to practise physic or surgery wdthout a diploma, and declares that, “ if any “ person shall so practice without a diploma, he shall forever “ thereafter be disqualified from collecting any debt incurred by “ such practice in any…
2Cited by8 opinions
- Eastman v. StateIndiana Supreme Court · 1887
- People v. PhippinMichigan Supreme Court · 1888
- State v. DentWest Virginia Supreme Court · 1884
- McPherson v. CheadellNew York Supreme Court · 1840
- State Board of Pharmacy v. DaveyAppellate Terms of the Supreme Court of New York · 1907
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