Folly v. Smith

The Chief Justice

delivered the opinion of the court.

One of the reasons assigned for the reversal of the judgment is “that the justice allowed Timothy I. Darcy to appear and prosecute the cause for the plaintiff in his absence by power of attorney without any proof of the power of attorney.”

The following entry appears on the docket of the justice.’ “Plaintiff filed his slate of demand. Timothy I. Darcey ^appeared for the plaintiff by power of attorney,and was sworn as a witness on the part of the plaintiff. After hearing the evidence, the defendant not appearing, I give judgment,” &c.

By this…