Legal Opinion

Henck v. Todhunter

Court of Appeals of Maryland

Decided June 15, 1826PublishedCited by 20 opinions

Appeal from Baltimore County Court. Jlssumpsit on a promissory note for $>1000, drawn by the defendant below,, (now appellant,) on the 5th of January 1820, in favour of Con - rad Schultz, or order, payable two years after date, and by. Schultz endorsed to the plaintiffs, (the appellees.) The wiit issued on the 15th of February 1822, returnable on the fourth Monday in March following.

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Appeal from Baltimore County Court. Jlssumpsit on a promissory note for $>1000, drawn by the defendant below,, (now appellant,) on the 5th of January 1820, in favour of Con - rad Schultz, or order, payable two years after date, and by. Schultz endorsed to the plaintiffs, (the appellees.) The wiit issued on the 15th of February 1822, returnable on the fourth Monday in March following. At the return day of the writ, the defendant, (having been arrested,) appeared in court by William, Frick his attorney; and on motion of the plaintiffs, the defendant was ruled to plead to the plaintiffs’…

1Opinion of the Court

Buchanan, Ch. J.

delivered the opinion of the court. It is not the practice in this state to require a warrant of attorney *278to authorise the appearance of a defendant by attorney; the rules of practice, therefore, in England, in relation to that subject, are not applicable to the proceedings of the courts of this state.

But the party may, by the law and practice of the courts of this state, appear either in propria persona, or by attorney; and whenever the appearance of an attorney is entered on the record, it is always considered that it is by the authority of the party; and whatever is done in…

2Cited by20 opinions

  1. Kent v. RicardsHigh Court of Chancery of Maryland · 1850
  2. Ward v. HollinsCourt of Appeals of Maryland · 1859
  3. Dorsey v. KyleCourt of Appeals of Maryland · 1869
  4. Aukam v. ZantzingerCourt of Appeals of Maryland · 1902
  5. Beiswanger v. American Bonding & Trust Co.Court of Appeals of Maryland · 1904

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