Hollins v. St. Louis & Chicago Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Frank G. Hollins and others against the St. Louis & Chicago Railway Company. Plaintiffs appeal from an order denying their motion to compel the attorney appearing for defendant to disclose his authority.
1Opinion of the CourtDaniels, J.
The affidavits read in support of the motion are sufficient to prove that the attorney appearing for the defendant may not have been invested with lawful authority to represent it in the action; and, where that may be the fact, the control which the court has over the attorney, whose officer he is, will authorize it to solve the doubt by directing him to exhibit, or in some other authentic manner disclose, the evidence of his authority. This is no more than just to the party whose action he may contest, for he should not be subjected to either interference or expense by the intervention in…
2Cases cited4 opinions
- Kerr v. . KerrNew York Court of Appeals · 1869
- Brown v. . NicholsNew York Court of Appeals · 1870
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Nordlinger v. De MierNew York Supreme Court · 1889
3Cited by5 opinions
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Gaston & Co. v. All Russian Zemsky UnionAppellate Division of the Supreme Court of the State of New York · 1927
- O. G. Orr & Co. v. Fireman's Fund InsuranceNew York Supreme Court · 1931
- NRK Management Corp. v. DonahueCivil Court of the City of New York · 1981
- Catrakis v. JarisAppellate Division of the Supreme Court of the State of New York · 1952