¶1Held, that the attorney was liable under the statute, he acted for a non-resident plaintiff and an infant; no substitution having ever been made; the delay is not a sufficient excuse.
¶2Decision—Motion granted without costs.
1 How. Pr. 101
Gillespie v. Stanless
Decided March 15, 1845
New York Supreme Court · decided 1845-03-15
Motion by defendant at last February special term, for an order that John B. Manchester, Esq., the attorney for the plaintiff in this cause, pay to the defendant’s attorney the defendant’s costs, as taxed in said cause, and the costs of this motion, on demand; or that an attachment issue.—It appears on the part of defendant, that this was an action of slander, commenced in the New York common pleas, in April, 1841, by capias.
Decided 1845-03-15