Hurste v. Hotaling
Nebraska Supreme Court
Appeal from Johnson county district court. Heard below before Beoady, J. An attorney cannot prove his authority to appear for a party by a letter from a third party, even though an • attorney, asking him to .appear. Westbrook v. Blood, 50 Mich., 443; S. C., 15 N. W. Rep., 544. The burden of proof is on the attorney to show that he was authorized to appear.
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Appeal from Johnson county district court. Heard below before Beoady, J. An attorney cannot prove his authority to appear for a party by a letter from a third party, even though an • attorney, asking him to .appear. Westbrook v. Blood, 50 Mich., 443; S. C., 15 N. W. Rep., 544. The burden of proof is on the attorney to show that he was authorized to appear. State Bank v. Green, 8 Neb., 307; S. C., 1 N. W. Rep., 210. Where a.plaintiff has not authorized the institution of a suit, the entire proceedings are void. McDowell v. Gregory, 14 Neb., 36; S. C., Í4 N. W. Rep., 899; Clark v. Willett, 35…
1Opinion of the Court
Maxwell, Oh. J.
A petition purporting to have been signed by the plaintiff, was filed in the district court of Johnson county, in October, 1885, in which it is alleged that on the first day of March, 1880, one A. H. Hurste died, seized of the northwest quarter of section twenty-four, in township No. 4, range 10 east, iu said county, and left as his only heirs, his widow, the plaintiff herein; Charles ~V. Hurste, aged 12 years; J. B. Hurste, aged 9 years; S. S. Hurste, aged 6 years; and A. H. Hurste, aged 5 years, his children; that he died intestate, and each of said children owns the…
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