Doe ex dem Chamberlain, Miller & Co. v. Abbott
Supreme Court of Alabama
Ejectment. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by John Doe, on the demise of Chamberlain, Miller & Company, against Thomas Abbott and others. Judgment for defendant, and plaintiffs appeal. This is a common-law action of ejectment, at the suit of Chamberlain, Miller & Co. and the individuals composing the. firm against Thomas Abbott and others, for a recovery of certain lands mentioned therein.
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Ejectment. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by John Doe, on the demise of Chamberlain, Miller & Company, against Thomas Abbott and others. Judgment for defendant, and plaintiffs appeal. This is a common-law action of ejectment, at the suit of Chamberlain, Miller & Co. and the individuals composing the. firm against Thomas Abbott and others, for a recovery of certain lands mentioned therein. The suit was dismissed on motion of defendant for want of authority in the attorney to bring the suit, concerning which the facts are sufficiently stated in the…
1Opinion of the CourtHaralson, J.
The authority of an attorney at law, — says Mr. Weeks, — who is regularly admitted and •licensed, to appear for the party whom he professes to represent, is presumed, until the contrary is shown; or, in other words, an appearance in a suit by an attorney of the proper court, is presumed to be authorized. The burden of proof is upon the party denying the authority. But the author adds: “Notwithstanding this, the opposite party may, at the outset, compel the attorney to show his authority, or produce his warrant of attorney. For this purpose due cause must be shown.” — Weeks on Attorneys at…
2Cases cited1 opinion
- Lucas v. Bank of GeorgiaSupreme Court of Alabama · 1829
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- Conway v. State Consolidated Publishing Co.Arizona Supreme Court · 1941
- Pallilla v. Galilee Baptist ChurchSupreme Court of Alabama · 1927
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