Legal Opinion

Holker v. Parker

Supreme Court of the United States

Decided March 10, 1813PublishedCited by 101 opinions

THIS was an appeal from the Circuit Court for the, district of Massachusetts, in a suit in Chancery brought by Holker, and others, his assignees, against Parker, to set aside an award made under a rule of Court in a suit at law in the same Court between Holker and Parker, The case, as stated by Marsham, Ch. J. in delivering the opinion of the Court, was as follows: In the year 1782 John Holker, one of the Plaintiffs, in tlrs cause, DaniT Parker, the.

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THIS was an appeal from the Circuit Court for the, district of Massachusetts, in a suit in Chancery brought by Holker, and others, his assignees, against Parker, to set aside an award made under a rule of Court in a suit at law in the same Court between Holker and Parker, The case, as stated by Marsham, Ch. J. in delivering the opinion of the Court, was as follows: In the year 1782 John Holker, one of the Plaintiffs, in tlrs cause, DaniT Parker, the. Defendant, and William Duer, who is dead insolvent, formed a trading company, under the name and firm of Daniel Parker Ac Co. of which Daniei…

1Opinion of the Court

Marshall, Ch. J..

after stating the

facts of the case, delivered the opinion of the Court as follows:

On the part of the Appellants it is contended that an attorney at law has no power, without the consent' of his client, to transfer a cause to other judges than those appointed by the laws, and to place it before a tribunal distinct from that before which the party Kiniself has chosen to place it.

In this opinion however the majority of the Court docs not concur. It is believed to be. the practice throughout the union for suits to be referred by consent of counsel without special authority,' and…

2Cited by101 opinions

  1. Hilton v. GuyotSupreme Court of the United States · 1895
  2. United States v. BeebeSupreme Court of the United States · 1901
  3. Ricketts v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1946
  4. Malave v. Carney HospitalCourt of Appeals for the First Circuit · 1999
  5. Union Mutual Life Insurance v. BuchananIndiana Supreme Court · 1885

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