Penobscot Boom Corp. v. Lamson
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Pebham J. presiding. Assumpsit for boomage of logs, asserted to belong to the defendants. The writ was dated, December 21, 1835, the action was entered at January term, 1836, and continued to October term following, when the defendants called for the right of the attorneys acting for the corporation to appear and act therefor. The Judge ruled, that it was unnecessary.
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Exceptions from the Court of Common Pleas, Pebham J. presiding. Assumpsit for boomage of logs, asserted to belong to the defendants. The writ was dated, December 21, 1835, the action was entered at January term, 1836, and continued to October term following, when the defendants called for the right of the attorneys acting for the corporation to appear and act therefor. The Judge ruled, that it was unnecessary. The action came on for trial at January term, 1837, when the general issue was pleaded, and a brief statement was filed, denying the existence of the corporation then or at any time;…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
When one person professes to represent another, or a body corporate, he should exhibit his authority; and attorneys, according to the practice of many courts, appear by warrant of attorney ; but in our practice, where the law recognizes certain persons as officers of the court, and entitled as such to represent others, as an official duty, no such warrants have been required; and the statement of the attorney, that he does represent a person, or body corporate, has been deemed sufficient. Should he abuse such power, he may be deprived of his…
2Cases cited4 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Utica Insurance v. CadwellNew York Supreme Court · 1829
- Wilde v. JenkinsNew York Court of Chancery · 1834
- Bank of Niagara v. JohnsonNew York Supreme Court · 1832
3Cited by8 opinions
- York Harbor Village Corp. v. LibbySupreme Judicial Court of Maine · 1928
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1869
- Attorney General v. Superior & St. Croix RailroadWisconsin Supreme Court · 1896
- Morgan v. PaineSupreme Judicial Court of Maine · 1973
- Galveston, Harrisburg & San Antonio Railway Co. v. StateTexas Supreme Court · 1891
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