Mitchell v. Mitchill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles L. Mitchell, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of November, 1910.
1Opinion of the Court
Rich, J.:
This appeal is from an order denying defendant’s motion, in which plaintiff concurs, for a discontinuance of the action. After the plaintiff had retained Asa F. Smith as his attorney and before the commencement of the action, the plaintiff by written notice • personally served, requested the attorney not to commence an action or institute any proceedings against the defendant, and canceled a power of attorney constituting said Smith and one Reba Mitchell *173his attorneys in fact. Disregarding this request, Smith subsequently commenced this action by causing the summons and complaint to…
2Cases cited3 opinions
- Matter of SnyderNew York Court of Appeals · 1907
- Pomeranz v. MarcusNew York Supreme Court · 1903
- Kelly v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Friedman v. HarrisCourt of Appeals for the D.C. Circuit · 1946