Legal Opinion

Anonymous

New York Supreme Court

Decided August 15, 1828PublishedCited by 9 opinions

1Opinion of the Court

Anonymous.

A client has no tro? his° attorney in the due and orderly conduct of a suit. An attorney may waive a default in certain cases, contrary to the instructions of his client.

On a motion to set aside a default for not pleading where a sufficient excuse was offered entitling the party to be let in *109on payment of costs, and where the attorney who had obtained the default declined opening it, on the ground that his client had instructed him not to waive the default, the court observed that such instructions were no excuse to an attorney. The client has no right to control him in the due and…

2Cited by9 opinions

  1. Read v. . FrenchNew York Court of Appeals · 1863
  2. Jenney v. DelesdernierSupreme Judicial Court of Maine · 1841
  3. Nightingale v. Oregon Cent. Ry. Co.U.S. Circuit Court for the District of Oregon · 1873
  4. People & Taylor v. Mayor of New YorkNew York Supreme Court · 1860
  5. Monson v. HawleySupreme Court of Connecticut · 1861

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