Wadsworth v. First National Bank
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Tried before Hon. J. C. Richardson. Action of assumpsit on account, by the Bank against WadsAvorth. The defendant, on the 17th January, 1898, filed three pleas to the action in short by consent, as stated in their caption, — non-assumpsit, set-off ancl payment.
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Appeal from Autauga Circuit Court. Tried before Hon. J. C. Richardson. Action of assumpsit on account, by the Bank against WadsAvorth. The defendant, on the 17th January, 1898, filed three pleas to the action in short by consent, as stated in their caption, — non-assumpsit, set-off ancl payment. The plaintiff’s counsel objected to receiving the pleas in this form, and on the 20th day of January, following, lie and the attorney for the defendant entered into an agreement and filed it in the cause, to the effect, that the defendant might, within thirty days from that date, file a proper plea of…
1Opinion of the CourtHaralson, J.
1. The Code provides (section 592), that “An attorney has authority to hind his client in any action or proceeding, by any agreement in relation to such cause, made in writing, or by an entry to be made on the minutes of the court.” An agreement in writing, such as an attorney is authorized under this section to make in a cause, if not entered on the minutes, is as binding and will be enforced by the court, in like manner as if it had been entered thereon. The agreement of counsel in this cause in reference to the pleading, appears to have been filed in the cause, but does not appear to have…
2Cases cited4 opinions
- Ex parte HayesSupreme Court of Alabama · 1890
- Senn v. JosephSupreme Court of Alabama · 1894
- Mock v. WalkerSupreme Court of Alabama · 1868
- Marlowe v. RogersSupreme Court of Alabama · 1893
3Cited by9 opinions
- Brocato v. BrocatoSupreme Court of Alabama · 1976
- National Bread Co. v. BirdSupreme Court of Alabama · 1933
- Alverson v. FloydSupreme Court of Alabama · 1929
- Nero v. Material Sales Co., Inc.Court of Civil Appeals of Alabama · 1976
- Drennen Motor Car Co. v. SmithSupreme Court of Alabama · 1935
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