Majority
p. 466Garrit Bogert v. David Bancroft. excepted to the signature, as not being that of the attorney himself.
Headnote
WILLIAMS moved in this cause, on a notice signed by himself, “ for A. B,” the attorney.W. P. Van Ness
p. 467He is in embarrassed circumstances, and could not be found. But independent of this, the signature is sufficient. Stipulations signed by counsel alone, have been held good :[1] so his subscription to a case made at a circuit, is sufficient.
Williams in reply. 1 *
Under the circumstances of this case, we think the signature sufficient, But we do not by this mean to say, that subjoining the name of a counsel in the cause, is, in these incidental proceedings, adequate to that of the attorney. We rather think it is not.