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2 Yeates 546

Coxe v. Nicholls

Supreme Court of Pennsylvania

Decided March 15, 1800

Supreme Court of Pennsylvania · decided 1800-03-15

. Motion to set aside a judgment, entered September term 1798, in an amicable action in covenant, brought to December term 1797. The suit was founded on the guaranty of a bond, executed by James Wilson, esq. The bond was dated in 1796, payable on the 9th November 1797, and assigned by the defendant to the plaintiffs, on the 9th May 1796. The guaranty was dated on the 25th August 1796.

Relies on Marriot v. Davey

Decided 1800-03-15

By the court.

¶1The affidavits of either party are sufficient grounds for a rule to show cause, but are not competent evidence on the hearing. It is not the practice of Pennsylvania to file warrants of attorney. In general, the acts of an attorney bind his client, (1 Salk. 86, Carth. 412, 1 Dall. 164,)and it is of great consequence to society that the parties should not retract therefrom. Undoubtedly, the officers of the court are subjected to their control, and deeds of oppression will not receive their sanction.

¶2What weighs with the court in this instance, is, that Thomas was generally viewed as respectable and responsible, when he agreed to this entiy. To ask for proofs of his authority, under existing circumstances, would be idle and in vain. Considerable delay lias already taken place on this motion. All that we can now do with propriety, is to let the judgment stand as a security, and the defendant to be at liberty to contest the demand in point of law.

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