Wilson v. Young
Supreme Court of Pennsylvania
In error from the Common Pleas of Allegheny. The plaintiff’s attorney in an action pending, agreed to a reference to arbitrators “ on whose award judgment was to be entered without exception or appeal.” An award was made for defendant in May, 1846. In June, 1847, an application was made by plaintiff to set aside the award, on affidavit that his attorneys had no special authority, and that the reference as made was without his consent or approbation at the time.
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In error from the Common Pleas of Allegheny. The plaintiff’s attorney in an action pending, agreed to a reference to arbitrators “ on whose award judgment was to be entered without exception or appeal.” An award was made for defendant in May, 1846. In June, 1847, an application was made by plaintiff to set aside the award, on affidavit that his attorneys had no special authority, and that the reference as made was without his consent or approbation at the time. The court refused the rule, and this was assigned for error.
1Opinion of the CourtCoulter, J.
An attorney at law is a public officer whose warrant is “ tails ponió loco suo talem attornatum suum,” and is defined by Bacon to be aj person appointed to prosecute and defend for his client. He is an officer or member of a court of record, and appointed in the place of another, to transact and manage either his law concerns and the business incident thereto, or other affairs which require the professional skill, knowledge, or learning usually possessed by members of the profession: Maugham’s Law of Attorneys, 4; 1 Step. N. P. 404. It will scarcely be doubted, therefore, even in England,…
2Cases cited2 opinions
- Mussina v. HertzogSupreme Court of Pennsylvania · 1813
- Horton v. Stanley, Pennsylvania Court of Common Pleas, Philadelphia County1833
3Cited by8 opinions
- Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939
- Conrad's EstateSupreme Court of Pennsylvania · 1938
- Starling v. West Erie Avenue Building & Loan Ass'nSupreme Court of Pennsylvania · 1938
- Zidek v. Forbes National BankSuperior Court of Pennsylvania · 1946
- Swartz ex rel. Stuart v. D. S. Morgan & Co.Supreme Court of Pennsylvania · 1894
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