Nightingale v. Oregon Cent. Ry. Co.
U.S. Circuit Court for the District of Oregon
This was a motion made by plaintiffs’ counsel, E. D. Shattuck, with whom was W. H. Effinger, on December 13, 1872, to set aside an order theretofore made, continuing this cause until April 25, 1873, upon the ground that the stipulation therefor was signed on behalf of said plaintiffs [John Nightingale and others], without authority.
1Opinion of the Court
DEADY, District Judge.
The following facts are proven;
I. That on May 26. 1871, the plaintiffs commenced this suit by David Logan, their solicitor, and E. D. Shattuck, their counsel; and that at the end of the complaint, which is in print, the names of J. B. Felton and W. H. Patterson are printed as “of counsel for complainant;” and that neither said Felton nor Patterson, were then, or since, attorneys or counsellors of this court; but were, on May 29, 1871, by order of this court, allowed to appear as counsel therein for plaintiffs in this suit.
II. That on November 30, 1872. while the cause…
2Cases cited3 opinions
- Kellogg v. GilbertNew York Supreme Court · 1813
- Gaillard v. SmartNew York Supreme Court · 1826
- AnonymousNew York Supreme Court · 1828
3Cited by5 opinions
- Clark v. AustinSupreme Court of Missouri · 1937
- Mullin-Johnson Co. v. Penn Mut. Life Ins. Co.District Court, N.D. California · 1934
- Mortgage Commission v. Great Neck Improvement Co.New York Supreme Court · 1937
- Aberdeen Bindery, Inc. v. Eastern States Printing & Publishing Co.Appellate Terms of the Supreme Court of New York · 1938
- Mutual Life Insurance v. Prever Lumber Co.City of New York Municipal Court · 1938