1 How. Pr. 171
Decided June 15, 1845
New York Supreme Court · decided 1845-06-15
<p>The court on motion will not look beyond the record and papers to ascertain who the attorney in fact is to fhe suit ; it is sufficient if any attorney of the court appears upon the record and papers. An attorney who lends his name to his clerk to defend a suit, and refuses in the progress of the cause to have any thing to do with it, never having been retained, but refers all matters in relation to it to his clerk, who has used his name as attorney in the suit under the statute; is held to be the proper attorney to make a motion in the cause.</p>
Decided 1845-06-15
¶1Said he could not look beyond the papers, and the records in the suit, to ascertain who the attorney was in fact, it was enough for him to know that an attorney of this court appeared upon the records and in the papers for the motion; without inquiring by what *172means or in what manner he came to he the attorney, The motion must he granted.
¶2Decision.—Motion granted with costs.