Vilas v. Plattsburgh & Montreal Railroad
New York Court of Appeals
These are appeals from orders of the general term of the third department, affirming orders of the special term denying motions to vacate a judgment of the special term in this action against Greorge S. Chase for the sum of $52,803.73 rendered June 4,1880, and also the judgment of the general term affirming said judgment rendered July 21, 1883, and to set aside and vacate an appearance in said action for said Chase by Jolm N. Whiting as his attorney therein. . One motion is…
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These are appeals from orders of the general term of the third department, affirming orders of the special term denying motions to vacate a judgment of the special term in this action against Greorge S. Chase for the sum of $52,803.73 rendered June 4,1880, and also the judgment of the general term affirming said judgment rendered July 21, 1883, and to set aside and vacate an appearance in said action for said Chase by Jolm N. Whiting as his attorney therein. . One motion is made by Chase to vacate the judgments on the ground that the appearance by Whiting was unauthorized. The other motion is…
1Opinion of the CourtAndrews, J.
We understand that it has become the settled
practice in this state that relief against a judgment rendered against a party upon the unauthorized appearance of an attorney in his name is to be sought on a direct application to the court by motion in the action in which the unauthorized appearance was entered. This was the remedy adopted in the leading case of Denton v. Noyes, 6 Johns., 297, and in every subsequent case of a like character in this state which has come to our notice. Grazebrook v. McCreedie, 9 Wend., 437; Adams v. Gilbert, Id., 499; Campbell v. Bristol, 19 Id., 101; American…
2Cases cited12 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Starbuck v. MurrayNew York Supreme Court · 1830
- Kerr v. . KerrNew York Court of Appeals · 1869
- Brown v. . NicholsNew York Court of Appeals · 1870
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3Cited by17 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Cooper v. NewellSupreme Court of the United States · 1899
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- McEachern v. BrackettWashington Supreme Court · 1894
- Wichlenski v. WichlenskiAppellate Division of the Supreme Court of the State of New York · 1979
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