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Cruikshank v. Goodwin

49 N.Y. St. Rep. 603 Court N.Y. Gen. Term Decision date 1892-11-18 English

Delivered by Lawrence, J.

Contents

Majority

p. 603
Augustus Cruikshank, Trustee, Pl’ff, v. Lorenzo Goodwin et al., Def’ts.
(Supreme Court, General Term, First Department,
Filed November 18, 1892.)

Headnote

Attorneys—Authority to appear.
The authority of an attorney to appear for his client ceases after the entry of the final judgment in the action, except that he may issue execution and take necessary steps to collect, and may execute a satisfaction within two years unless his authority is revoked.
Appeal from an order denying a motion for attorneys to show their authority for appearing in the action as attorneys for certain defendants herein.
A. Edward Woodruff, for app’lt; Young & Ver Planch (Henry A. Prince, of counsel), for resp’ts.

The authority of an attorney to appear for his client ceases after the entry of the final judgment in the action, with the exception that he may issue execution and take the necessary steps to collect the judgment, and, under the provisions of the old Revised Statutes and the Code of Civil Procedure, may, in the absence of a revocation of his authority, execute a satisfaction of the judgment within two years after its entry. Lusk v. Hastings, 1 Hill, 659 ; Walradt v. Maynard, 3 Barb., 584 ; Egan v. Rooney, 38 How. Pr., 121 . We are of the opinion that the order below was right, and it is, therefore, affirmed, with costs and disbursements.

Van Brunt, P. J., and O’Brien, J., concur.