Capwell v. Baxter
Michigan Supreme Court
Error to Clinton. (Y. H. Smith, J.) Motion for leave to appeal. The moving party brings error. The acts of an attorney, regularly employed, are binding upon the client in the absence of any fraud or collusion: Wilcox v. Kassiclc 2 Mich. 165 : Wielcmd v. White 109 Mass. 392 ; Moulton v. Bowker 115 Mass. 36 ; Lawson v. Bettison 12 Ark. 401; Smith v. Stewart 6 Johns. 34; Bogardus v. Livingstone 2 Hill 236 ; and to obtain relief against a stipulation on the mere ground of…
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Error to Clinton. (Y. H. Smith, J.) Motion for leave to appeal. The moving party brings error. The acts of an attorney, regularly employed, are binding upon the client in the absence of any fraud or collusion: Wilcox v. Kassiclc 2 Mich. 165 : Wielcmd v. White 109 Mass. 392 ; Moulton v. Bowker 115 Mass. 36 ; Lawson v. Bettison 12 Ark. 401; Smith v. Stewart 6 Johns. 34; Bogardus v. Livingstone 2 Hill 236 ; and to obtain relief against a stipulation on the mere ground of mistake or oversight of the attorney, it must have been one ■which ordinary care and attention would not have guarded against:…
1Opinion of the CourtMorse, C. J.
Defendant moved the circuit court for the county of Clinton for leave to appeal from a justice’s judgment against him in favor of the plaintiff, after the expiration of five days from the rendition of the same, under How. Stat. § 7005. The judgment against him was rendered March 16th, 1885, for $170 damages and $10 costs, before H. ~SV. David, Esq., a justice of the peace in the township of Eagle. Defendant resides in Dallas. It appears that on the 18th of February, 1885, he employed Cook & Daboll, attorneys at St Johns, to defend this suit, and on the 20th of that month Cook appeared for him…
2Cited by17 opinions
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- Frank v. Union Trust Co.Michigan Supreme Court · 1927
- Huddleston v. Charles Amos & Co.Michigan Supreme Court · 1914
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