Magnolia Metal Co. v. Sterlingworth Railway Supply Co.
New York Supreme Court
Motion to compel plaintiff or its attorneys to accept service of a copy of notice of appeal, and undertaking on appeal, to Court of Appeals.
1Opinion of the CourtTruax, J.
In construing Rule 3 of the Rules of the Court of Appeals, it should he borne in mind that it is always the presumption that an attorney is employed to conduct the litigation to judgment and no further; and that the relation of attorney and client and the general powers of the attorney cease upon the rendition and entering of the judgment. 3 Am. & Eng. Ency. of Law (2d ed.), 329. It was because of this presumption that 2 R. S., sections 26, 29, was passed. This statute authorized the attorney of record to acknowledge satisfaction of judgment within two years after its rendition unless his…
2Cases cited1 opinion
- Cruikshank v. GoodwinNew York Supreme Court · 1892