Josiah Abbott & Co. v. Dutton
Supreme Court of Vermont
Audita querela. Plea, the general issue. Trial by jury, December term, 1871, BaRREtt, J., presiding. The plaintiffs gave evidence tending to prove all the material facts alleged in the declaration, and rested.
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Audita querela. Plea, the general issue. Trial by jury, December term, 1871, BaRREtt, J., presiding. The plaintiffs gave evidence tending to prove all the material facts alleged in the declaration, and rested. The defendant then proved, by Mr. Collamer, that he was attorney of the defendants in the suit named in said declaration, whoa it was pending in the county court, and appeared and answered to the same at said December term, 1870, when said judgment was rendered, and by arrangement with attorneys of the plaintiffs in said suit consented to having said judgment rendered in said suit, and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
An appearance by an attorney binds the party for ' whom he appears, whether the attorney was employed by the party *551or not. St. Albans v. Bush, 4 Vt., 58 ; Spaulding et al. v. Swift, 18 Vt., 214 ; Newcomb et al. v. Peck et al., 17 Vt., 302.
If tbo party has any remedy for the unauthorized appearance of an attorney, other than his remedy against the attorney, it is by application directly to the court which rendered the judgment against him on the unauthorized appearance of the attorney, or by a writ of error, and not by audita querela. Spaulding…
2Cases cited5 opinions
- Newcomb v. PeckSupreme Court of Vermont · 1845
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
- Scott v. LarkinSupreme Court of Vermont · 1841
- Spaulding v. SwiftSupreme Court of Vermont · 1846
- Whitney v. SilverSupreme Court of Vermont · 1850
3Cited by5 opinions
- Collier v. FalkSupreme Court of Alabama · 1880
- Batchelder v. MantakSupreme Court of Vermont · 1978
- Hayward v. ClarkSupreme Court of Vermont · 1878
- Everett v. Warner BankSupreme Court of New Hampshire · 1878
- Baker v. O'RiordanCalifornia Supreme Court · 1883