Bogardus v. Livingston

By the Court.*—Daly, J.

—Where an attorney has appeared for a defendant without authority, the court will not, unless the attorney is irresponsible, set aside the judgment, but will leave the defendant to his action against the attorney. If the defendant, however, swear to merits, the court will allow him to come in and defend, suffering the judgment to stand that the plaintiff’s lien, acquired by the judgment, may be preserved. (Denton a. Noyes, 6 Johns., 296.)

But this is not a case of an appearance by an attorney without authority. Mount, the attorney, swears to a state of facts from which…