McLear v. Reynolds
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Reynolds, from an order .of the Oounty Court of St. Lawrence county, entered in the office of the clerk of the county of St. Lawrence on the 8th day of January, 1902, setting aside the taxation of the defendant’s costs and directing that costs be taxed in favor of the plaintiff.
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Appeal by the defendant, William Reynolds, from an order .of the Oounty Court of St. Lawrence county, entered in the office of the clerk of the county of St. Lawrence on the 8th day of January, 1902, setting aside the taxation of the defendant’s costs and directing that costs be taxed in favor of the plaintiff. This action was brought in a Justice’s Court in St. Lawrence county, and judgment was rendered therein in favor of the plaintiff against the defendant on the 14th day of May, 1901, for $188.05 damages, besides costs. One O., an attorney and counselor at law, appeared in the Justice’s…
1Opinion of the Court
Chase, J.:
In Justice’s Court an attorney at law, as such, cannot appear for a party. The “ attorney ” referred to in section 2886 of the Code of Civil Procedure is an attorney in fact. The appearance of an attorney at law in a court of record is evidence of his authority, but an attorney in fact appearing in J ustice’s Court is a mere agent, and the rules of law relating to principal and agent govern all matters relating to such appearance. The fact that the agent or attorney in fact employed in Justice’s Court is an attorney at law does not, enlarge his authority.
In determining the authority…
2Cases cited1 opinion
- Beardsley v. PopeNew York Supreme Court · 1895
3Cited by1 opinion
- Cutting v. JessmerAppellate Division of the Supreme Court of the State of New York · 1905