Mallet v. Girard
New York Court of Chancery
The defendant resided at New-Orleans ; and the solicitor for the complainant obtained and published the usual order for an appearance. Before the time was out, a solicitor entered an appearance for the defendant; and a copy of the bill, with notice of an order to answer, was served.
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The defendant resided at New-Orleans ; and the solicitor for the complainant obtained and published the usual order for an appearance. Before the time was out, a solicitor entered an appearance for the defendant; and a copy of the bill, with notice of an order to answer, was served. A petitition was now presented by the solicitor, asking leave to withdraw his appearance, on the ground that he had been induced to appear from the fact of having been concerned for the defendant in an action at law which embraced the same matter; that he had sent the copy of the bill to the defendant at…
1Opinion of the Court
The Vice-Chancellor
denied the motion, on the ground that, although the defendant had received a copy of the bill from the solicitor who had chosen to appear for him, yet he had made no express disavowal of such solicitor’s authority, and non constat he would disavow it. Costs to abide the event.
2Cited by3 opinions
- Bailey v. CoventryNew York Supreme Court · 1927
- Porter v. BronsonNew York Court of Common Pleas · 1865
- Boon v. City of UticaNew York Supreme Court · 1893