Campbell v. Bristol
New York Supreme Court
Attorney appearing without authority. A motion was made in this case to set aside an execution, and for a perpetual stay. An action of replevin was prosecuted by an attorney of this court in the name of the plaintiff without his authority; and judgment having been rendered for the defendant, an execution for the damages and costs was issued against the plaintiff and levied upon his property, which was the first notice he had of the suit.
Read the full summary
Attorney appearing without authority. A motion was made in this case to set aside an execution, and for a perpetual stay. An action of replevin was prosecuted by an attorney of this court in the name of the plaintiff without his authority; and judgment having been rendered for the defendant, an execution for the damages and costs was issued against the plaintiff and levied upon his property, which was the first notice he had of the suit. T'he attorney who prosecuted the suit was shown to be insolvent.
1Opinion of the Court
By the Court,
Bronson, J.
The suit was prosecuted without authority, and the attorney is insolvent. The plaintiff must be relieved. 6 Wendell, 514. Let an order be entered that the execution be set aside, and all proceedings against the plaintiff be perpetually stayed, on his stipulating not to bring any action.
Order accordingly.
2Cases cited1 opinion
- Meacham v. DudleyNew York Supreme Court · 1831
3Cited by9 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Vilas v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1890
- Allen v. StoneNew York Supreme Court · 1851
- People & Taylor v. Mayor of New YorkNew York Supreme Court · 1860
- Stanton-Thompson Co. v. CraneNevada Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.