People v. Mariposa Co.
California Supreme Court
Appeal from the District Court of the Thirteenth District, Mariposa County. This is an action for taxes. A judgment was rendered by default, and the appeal is from an order dismissing a motion to set the judgment aside. The motion to dismiss was based on an affidavit of the attorney for the plaintiffs, stating that he was informed and believed that the attorney representing the defendants had no authority to appear for them.
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Appeal from the District Court of the Thirteenth District, Mariposa County. This is an action for taxes. A judgment was rendered by default, and the appeal is from an order dismissing a motion to set the judgment aside. The motion to dismiss was based on an affidavit of the attorney for the plaintiffs, stating that he was informed and believed that the attorney representing the defendants had no authority to appear for them. In answer to the affidavit the attorney produced a license from this Court allowing him to practice as an attorney and counsellor at law, but produced no other evidence…
1Opinion of the CourtRhodes, C. J.
This is an action for the recovery of taxes assessed on the Mariposa estate, for the year 1865. It was held by this Court in Clark v. Willett (35 Cal. 540), that “an attorney’s license was prima facie evidence of his authority to appear for any person whom he professes to represent;” and that position is abundantly sustained by the authorities. He *685may, however, be compelled by the Court to show his authority to appear for such party; and this may be required of him at the instance of the opposite party as well as of the party for whom he appears. In order to invoke the exercise of such power,…
2Cases cited1 opinion
- Clark v. WillettCalifornia Supreme Court · 1868
3Cited by8 opinions
- Abeles v. State BarCalifornia Supreme Court · 1973
- Mills Land & Water Co. v. Golden West Refining Co.California Court of Appeal · 1986
- McGee v. Superior CourtCalifornia Court of Appeal · 1985
- State v. ThompsonTexas Supreme Court · 1885
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
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