Horton v. Champlin

This action is debt on a judgment for costs recovered by tbe plaintiff in an action in which the parties were reversed. The present action was brought in a justice court, appealed to the Court of Common Pleas, and comes here by bill of exceptions. One of the exceptions is for the refusal of tbe court below to dismiss tbe action on motion of tbe defendant, because it was brought and is prosecuted without authority. The attorney who prosecutes the action admits that he was not expressly authorized to bring it, but justifies himself on the ground that he was attorney for the present plaintiff in…