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ment of privilege, his name need paid or secured. Castro and wife not be indorsed on the writ; for v. Bennett. 2 Johnson's Rep. 296. statute 2 G. 2. c. 23. s. 22, which requires the name of the plaintiff's IV. Summary Jurisdiction of the court attorney to be indorsed on the writ, only extends to cases where the attorney sues for another person. 1. If an attorney of this court doth Fields, one, gʻc. v. Lewen. 4 Term
any wrong quatenus an attorney in Rep. 275.
an inferior court, this court will o49. An attorney (defendant) is only blige him to answer the complaint.
entitled to four days notice to plead, Evans v. P. an attorney of the C. P. though he reside more than 20 miles 2 Wils. 382. distance from London. Mann v. 2. The court will not, upon motion, Fletcher. 5 Term Rep. 369.
compel an attorney, who has made 50. In au action by an attorney for a mistake, (however fatal,) to in
words spoken of him in his profes- demnity his elient. Barker v. Butsion, he need not prove that he is ler. 2 Black. 780. an attorney by his admission, or by 3. Rule on an attorney, late deputy a copy of the roll of attornies ; proof steward of a manor, to deliver up that he acted as such is sufficient. the court books to the principal Berrynen, one, fc. v. Wise. 4 steward. Marshall's case. 2 Black. Terni Rep. 366.
912. 51. An attorney of B. R. in pleading 4. An attorney admitted fraudulent
his privilege against being sued by ly struck off the roll, and an attachoriginal, improperly stated the cus- ment against the master. Hill and tom of this court to be, not to com- Hargrave's case. 2 Blackstone, 991. pel its attornies to answer an orig. 5. Attorney, struck off the roll, may inal writ, unless first forejudged from be re-admitted. K. and Greenwood. their office, 8c. (which is the custom 1 Blackstone, 222. 1 Douglas, in C. B., but not in this court) but 114. held that enough appearing to sus- 6. The court will not suffer an attortain the plea, the custom which had ney to declare that his client told no foundation here (of which the him before action brought, he should court would take notice) might be waive it, thereby defeating the clirejected as surplusage.' Stokes v. ent of his remedy. Goodlight v. Mason. 9 East, 424.
Bridge. Lofft, 27. 52. Attornies, plaintiffs, are not with- 19. Attorney ordered to pay the costs
in the London court of conscience where no plaintiff to be found. act 39 and 40 G. 3 c. 104, compel- Gynn v. Kirby. 1 Str. 102. lable to sue there for a debt under 8. Attorney ordered by rule to deliv51. at the peril of costs. Board v. er writings. Strong v. Howe. 1 Parker. East, 47.
Str. 621. 53. And this, though the defendant 9. Motion was made to compel an
were also an attorney. 7 East, 50. attorney to appear for J. S. and 54. An attorney of this court, who the court held he was not compella
had ceased to practice for a year, ble to appear for any one, unless and lad entered the
he takes his fee, or backs the warUnited States, was held to have lost rant, then they will compel him. his privilege. Brooks v. Patterson. Anonymous. 1 Salk. 87. 2 Johnson's Cases, 102.
10. Where writings come into an at55. An attorney is not bound to pro- torney's hands in the way of his bu
ceed in a suit, unless his client pays siness as an attorney, the court uphis costs; por will the court coinpel on motion will make a rule upon him to proceed, until his costs are him to deliver them back to the pariy; but where they come into to produce them on demand for the his hands in any other manner, or inspection of such third person. 3 on any other account, the party Term Reports, 275. must resort to his action. Goring 19. After verdict the court of C.P. rev. Bishop. 1 Salk. 87.
fused to compel an attorney to dis11. Upon a parol promise to save bail cover his client's place of abode.
harmless, the court will not inter- Hooper v. Harcourt. 1 H. Black, fere in a summary way, and when 534. an affidavit has been read and filed 20. An attorney is bound to disclose, it cannot be taken off the file. Beale when called as a witness by the adv. Langstaff and his Bail. 2 Wils.
verse party, the contents of a notice 371.
which he received, to produce a pa12. Attorney and two bail ordered to per in the hands of his client; the
the pillory for patting in feigned privilege of the client enly extendnames to bail piece. Anonymous. ing to exclude the disclosure of any 1 Strange, 384.
fact communicated confidentially 13. Attorney sworn of a particular to the witness in the character of
court may be under the controul of his attorney. Spenceley, qui tam, v. the Common Pleas
Pleas or King's Schulenburgh. 7 East, 357. Bench, in matters not directly in 21. The court will not compel an athis business as an attorney, because torney, upon a summary applicahe gains credit as an officer of the tion, to deliver up, on payment of court, and may be called on to rec- his demand, a lease put into his tify misconduct committed by him hands for the purpose of making under that credit. Parker v. Mar- an assignment of it; there being no shal. Lofft, 271.
cause in court, nor any criminal 14. An attorney cannot be compelled conduct imputed to him in respect
to swear his plea, unless where it of it. In the matter of S. Laue, 8 is a foreign plea ; but if he put in East, 237. a false or frivolous plea in deceit of the court, he may be fined. V. His liability on Undertakings.
Pierce v. Blake. 1 Salk. 515. 15. An attorney fined 500l. and im• 1. Where an attorney undertakes to
prisoned for taking 200l. of one appear, the court will oblige him charged with forgery, to let him to do it in all events ; but the unout of custody of a tipstaff. The dertaking must be signed. Lory
King v. Vaughan. 1 Wilson, 22. per v. Hollister. 2 Strange, 693. 16. A party cannot change his attor- 2. An undertaking by an attorney is
ney without the leave of the court. revocable before signature, and an Macpherson v. Rorison. 1 Douglas, attorney who had written but refus217.
ed to sign one was held not liable. 17. The court under circumstances Anon. Lofft, 192.
will entertain a summary jurisdic- 3. The course of this court is, where tion over an attorney of the court an attorney takes upon him to -apin obliging him to deliver up deeds, pear, the court looks no farther, &e. on satisfaction of his lien, but proceeds as if the attorney had though they came into his hands as sufficient authority, and leaves the steward of a court, and receiver of party to his action against him. Arents. Hughes v. Mayre. 3 Term
nonymous. 1 Salk. 86. Rep. 275.
4. He cannot discharge a debtor giv18. But if it appear that a third per- ing a receipt acknowledging satis
son is interested in the deeds, the faction, and then come upon his court will take a security from the client, insisting he has received onperson to whom they are delivered ly part, nor set up this as a defence
to an action. Anonymous. Lofft, plaintiff'recovered against the sheriff 320.
for the escape: held, that such under5. Attorney justified in returning ti- taking being contrary to the statute
tle deeds to his own client, although 23 H. 6, c. 9, the court would not they belong to another person. Dol- proceed summarily against the attorlin's Case. 1 Strange, 547.
ney to make him pay the debt and 6. An attorney shall not be called to costs for his breach of faith. Sedge
answer the matters of an affidavit, worth v. Spicer. 4 East, 568. where the charge imports a mistake (And sce Fuller v. Prest. y Term and not a crime. Anonymous. Lofft, Rep. 109, SHERIFF I.) 618.
14. If A. hé indebted to B. and pay 7. Neglecting to charge defendant such debt to the attorney of a per
in custody in due time, subjects an son suing A. in B.'s name, but withattorney to an action. Pitt v. Yal
out his authority, A. is notwithden, 4 Burr. 2060.
standing obliged to pay B. again ; 8. Attorney's coosent binds the cli- and A.'s remedy is against the at
ent, though contrary to his express torney who trusted to the counterorders. Latuch v. Pasherante. 1 feited warrant of attorney from B. Salk. 86.
although he conceived that he was 9. Notice of action (required by a pe- acting under the real authority of
nal statute) is not a commencement B. Robson v. Eaton. 1 Term Rep. of the suit, so as to subject the
62. plaintiff or his agent to attachment 15. Where one conveys land as the for misbehaviour, previous to the attorney of another, he must do it suing out the writ. Gordon v. Pow- in the name of his principal, and as is. 2 Blackstone, 781.
his act, and not in his own name or 10. Service on an attorney's agent as his own act. Fowler v. Shearer.
considered as service on himself. hy Mass. 14. Anon. Lofft, 217.
16. Where an attorney gave a receipt 11. If an attorney be convicted of fel- for a promissory note without exony, the court will strike him off
pressing the purpose for which he the roll, though he has been burut received it, it was held, that the in the hand, and suffered imprison- presumption was, that he received ment pursuant to his sentence, be- it to be collected, and this presumpcause he is an unfit person
tion, confirmed by other circumtice as an attorney. Ex-parte
stances, was sufficient evidence to Brounsall. Cowper, 829.
support an action against him by 12. The undertaking of the defend- the
of the note, for neglect ant's attorney, in order to procure in not suing the maker. Smedes v. his discharge, to put in bail or pay Elmendorf. 3 Johns. Rep. 185. the debt, is not within stat. 23 H. 6, 17. Where an agreement, under seal, c. 9; which avoids all undertakings was made between A. and B. (as made for a prisoner's discharge, ex- attornies of C.) and D., and A. and cept bond taken by the sheriff for B. brought an action in their own the prisoner's appearance, &c. be- names against D. for a breach of cause it is given to the plaintiff in covenant, it was held, that an agreethe action, and not to the sheriff. ment purporting to be made by a Rogers v. Reeves. 1 Term Reports, person as attorney for another was 418.
void ; and that if it was to be con13. On the defendant's arrest his at- sidered as an agreement with C.,
torney procured his enlargement by the principal, then the action should undertaking to give a bail-bond to have been in his name, so that, in the sheriff in due time; which he either way, A. and B. could not reafterwards neglected to do, and the
cover. Bogart and another v. De A. as one of the lessors. The plainBussy. 6 Johns. Rep. 94.
tiff in the suits was non-suited ; in 18. An appearance by an attorney of consequence of which, 1., as one of
the court, without a warrant, is the lessors, was obliged to pay the good, as to the court; but the de- costs. A. brought an action on the fendaut has his action against the case against C. the attorney, for usattorney. Denton and others v. ing his name without his consent, Noyes. 6 Johns. Rep. 296.
so as to subject him to the payment Aliter, if there be any fraud or collu- of costs, &c.; it was held, that the
siou between the attorney of the authority given by A. to B. being plaintiff and the attorney for the conditional and limited, C. followed defendant. Ib.
the directions of B. at his peril, and Or if the attorney for the defendant had no right to use the name of 1
be not responsible, or not perfectly so as to subject him to any costs or competent to answer to his as- expences; and that A. was entitled sumed client, the court will relieve to recover of C. the amount of the against the judgment. Ib.
costs which he had been compelled 19. And the court, in order to protect
Bradt v. Walton and Vane the plaintiff from suffering by the
horne. 8 Jolins. 298. act of the attorney, and, at 22. Where a writ of error is brought the same time, to save the de- to this court, on a judginent obtainfendant from injury, will let the ed in a court of common pleas, and judgment stand, but stay all proceed- the judgment below is affirmed; the ings, and let the defendant in to attorney of the plaintiff in error is plead, if he has a defence. Denton not bound to pay the costs in error, and others v. Noyes. 6 Johns. Rep. on the ground, that before the judg296.
ment was obtained in the court be20. Where in a suit against an attor- low, the plaintiff had removed out
ney of this court, the plaintiff re- of the state, and his attorney had coyered less than 25 dollars, it was not filed any security for costs. held, that the defendant was not The bringing of a writ of error is liable for costs ; since by the act not the commencement of such a (28 sess. c. 93 s. 6.) attornies may suit as would render the attorney be sued before justices of the peace, responsible for the costs ; nor does in the same manner as other per- the case come within the meaning sons, except during the sitting of of the 14th rule of January term, the court. Moulton v. Hubbard. 6 1799, as to filing security for costs. Jolins. Rep. 332.
Frary v. Dakin.
8 Johns. Rep. 21. A. having purchased a lot of land 353.
of B. the title of which was doubt- 23. Whenever an attorney, disobeys ful, released and reconveyed to B. the lawful instructions of his client, his right and title to the lot; and at and a loss ensues, the attorney is the request of B. consented that B. responsible for such loss. Gilbert might use the name of 1. in an ac- v. IVilliams. 8 Mass. 51. tion of ejectment to recover the land, but j. was not to be at any
VI. Other Points relative to. further expence, or have any thing to do with the suits or costs in ques- 1. It is improper for an attorney to ap: Lion, except as to the using his pear and act for a party in a suit, name, if necessary. B. employed as an agent, and not as attorney, C., an attorney, to bring the action Heyer v. Denning. 1 Johns. Caso of ejectinent, and told c. that 2. had
103. consented to let his name be used, 2. A partnership may exist between and C. accordingly used the uame of a counsellor at law and an attoryiyo
in their professional business; but Service on the agent of the attorney the attorney must have the sole and is not sufficient. Backus v. Rogers. entire superintendance of the attor- 8 Johns. Rep. 346. rey's business, for which he is res- 9. The plaintiff's attorney, from his ponsible; and no person, on the general character as attorney, has ground of such copartnership, can no authority to discharge the de. take any part in the conduct of a fendant from execution on a ca. sa. suit, whose office is at a different until the money is paid. His genplace from that of the attorney. In eral authority ceases with the judgthe matter of John Woodward. 4 ment, or at least with the issuing of Johns. Rep. 289.
an execution within the year. Jack3. Where an attorney andertakes to son, ex dem. M'Crea v. Bartlett. 8
appear for a party in a cause, the Johns. Rep. 361. court will look no further as to his 10. Notice of the time and place of authority. Jackson ex dem. Smith taking a deposition, given to an atand another, v. Stewart. 6 Johns.
torney at laio, is not sufficient under Rep. 34.
the law of Virginia. Buddicum v. Whetlier the attorney for the Kirk. 3 Cranch, 293. plaintiff'on record, has power to dis- 11. An attorney at law may agree to charge the defendant froin custody on receive or waive notice, and cannot execution, or to acknowledge satis- afterwards allege the want of it. faction, without payment of the Ibid. debt, dubitatur. Crary and Morgan v. Turner.
6 Johns. Rep. 51. 5. Where an attorney, different from
ATTORNMENT. the attorney on record in the original suit, issues a scire facias to revive 1. Upon issue non concessit an attornthe judgment, there is no need for ment need not be given in evidence. leave of the court to change the at- In pleading a feoffinent of a manor, torney; a scire facias being consid- it is not necessary to slew the alcred a new action, and requiring a tornment of tenants. Whatever is new warrant of attorney. Gonni. traversable, and not traversed, is
gal v. Smith. 6 Johns. Rep. 106. admitted. Attornment pleadable 6. An attorney of this court appear- without venue, and triable where
ed for a defendant against whom a the land lies. Hudson v. Jones. 1 writ had issued, but was not served, Salk. 90. and, without his authority, confessed 2. Where an attornment is necessajudgment, which was entered up in ry to create privity. Quarn v. vacation ; it was held, that the Rowe. 3 Salk, 51. 1 Salk. 90. judgment was regular. Denton and 3. Grantee of reversion before 4 and others v. Voyes. 6 Johns. Rep. 5 Anne, cannot bring covenant with296.
out attornment. Vandeput v. Lord. m. Where an attorney of this court is 1 Strange, 78.
sued, and a judgment is recovered 4. Lessor makes a second lease beagainst him for a sum exceeding fore the first expires levies a fine ; twenty-five dollars, but less than fif- attornment by the first lessee to the ty dollars, the plaintiff is entitled to conusee is sufficient.
Gwam & full costs. Walsh v. Sackrider. Sy Ward v. Roe. 1 Salkeld, 90.
Johns. Rep. 537. 8. In a suit against an attorney of this court, the bill is in the nature
AUCTION. of process, and unust be served upon hin personally, or some other ser- 1. Auctioneer is liable to an action vice which the court, under circum- by the bidder for a deposit where the stances, may consider equivalent.