Jackson ex dem. Tillotson v. Stiles

Headnote

Where two at? torneys are jointly concerned for a party, they must have a joint agent appointed under the rules of the court.

Where two attorneys^ointly concerned for a plaintiff had each a separate but not joint* agent at Uti ca, it was held that a service of notice of the appearance -f* the defendar.-* by affixing it up in the clerk’s office, was good.

JOHNSON, for the defendant, moved to set aside the default entered in this cause, and all subsequent proceedings, for irregularity. The tenant, on being served with a copy of the declaration, and notice in this cause in Cortland county, employed an attorney to defend the suit. Tillotson and Vanderheyden, the attorneys of the plaintiff, who resided at Albany, had no joint agent at Utica or New-York, though each of them had a separate agent in both places. The attorney for the tejnant served the notice of being retained, and the copies of the consent rules, within the times prescribed by the rules of the court, by causing them to be affixed up in the clerk’s office at Utica.

The plaintiff’s attorneys, after the expiration of the twenty days for the tenant’s appearance, entered a default, and after-wards obtained a judgment thereon, and issued execution,