Town of Alton v. Town of Gilmanton
Superior Court of New Hampshire
An attorney lias, ex-officio, authority to hind his client by an agreement in certain cases, and is liable to him for any abuse of such authority. If such an agreement be made in court in term time as to an action then on the docket, it may be considered a part of the materials from which the record is to he drawn up, and may be enforced specifically by holding it to be conclusive evidence of the facts agreed to.
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An attorney lias, ex-officio, authority to hind his client by an agreement in certain cases, and is liable to him for any abuse of such authority. If such an agreement be made in court in term time as to an action then on the docket, it may be considered a part of the materials from which the record is to he drawn up, and may be enforced specifically by holding it to be conclusive evidence of the facts agreed to. This was an action of assumpsit for relief furnished to a pauper. At the trial here, September term, 1822, under the general issue, the plaintiffs offered in evidence, as proof of…
1Opinion of the Court
Woodbury J.
The objections to the validity of this writing as evidence of notice, may be considered as two-fold.
1. That no attorney has ex officio sufficient power to bind his client to this extent.
2. If he has, that the writing is merely an executory contract, which the court cannot execute specifically.
An attorney being in court, instead of his client, or “ in his place and turn,” may make any disposition of the suit, and any admission of facts, which the party himself could make. 1 Salk. 86. — Tidd 34,
This results from the nature of his agency and the convenience of transacting business ;…
2Cases cited1 opinion
- Jackson v. ShearmanNew York Supreme Court · 1810
3Cited by12 opinions
- Beliveau v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1894
- Estabrook v. American Hoist & Derrick, Inc.Supreme Court of New Hampshire · 1985
- Manchester Housing Authority v. ZylaSupreme Court of New Hampshire · 1978
- Eida v. StoddardSupreme Court of New Hampshire · 1971
- Bryant's CaseSuperior Court of New Hampshire · 1851
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