Denton v. Noyes
New York Supreme Court
E. WILLIAMS, for the defendant, moved to set the judgment, and all subsequent proceedings, in this cause, for irregularity.
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E. WILLIAMS, for the defendant, moved to set the judgment, and all subsequent proceedings, in this cause, for irregularity. He read an affidavit of the defendant, stating that a fieri facias had been issued in - *e above cause, which was levied on the property of the - defendant, the 30th of July last; that he was never sued ' J 5y the plaintiffs, for the above, or any other demand i that ] r ’ ’ J ile had never given to them, any power of attorney, warrant, or any other authority whatever, to appear for him; that he had never put in bail, or authorized any person to do so for him, nor…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court.. The judgment in this case, is regular upon the record. An attorney of this court appears for the defendant to a writ which had been sued out, but not served, and he, after-wards, confesses judgment. The want of a warrant of attorney is cured, after judgment, by the statute of amendements and jeofails. (Rev. Laws, vol. 1. 129, 132.) Ifthe attorney has acted without authority, the defendant has hisremedy against him ; but the judgment is still regular, and the appearance entered by the-attorney, without war, rant, is a good appearance, as to the…
2Cited by61 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Hall v. LanningSupreme Court of the United States · 1875
- Brown v. . NicholsNew York Court of Appeals · 1870
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Lake v. CookIllinois Supreme Court · 1854
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