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Beaver v. Van Every

2 Cow. 429 Court N.Y. Sup. Ct. English

Contents

Majority

p. 429
Beaver against Van Every.

Headnote

, A justice has no right to admit an attorney to appear upon his own knowledge of his authority.
On certiorari to a Justice’s Court. The Justice permit-ed one Heermance to appear for Tan Every, who was the plaintiff below. When this was objected to by the defendant, the Justice stated that the plaintiff, being sick and unable to attend himself, had sent for him the day before-, and
p. 430
requested him to permit Heermance to appear for him cn ^ trjal. He accordingly admitted' him without any evidence of his authority, and gave judgment for the plaintiff
Myer & Van Buren, for the plaintiff in error.
Ruggles & Hasbrouck, contra.

The Justice had no right to decide from his own knowledge. He should have required the usual proof of an authority to appear. (Burlingham v. Deyer, 2 John. Rep. 189 . Rosekrans v. Van Antwerp, 4 id. 228 .)

Judgment reversed.