24 Mass. 136
Massachusetts Supreme Judicial Court
Decided October 22, 1828
Massachusetts Supreme Judicial Court · decided 1828-10-22
Assumpsit. At the trial, the deposition of one Mansfield, offered by the defendant, was objected to on the ground that the taking of it was not duly notified to the plaintiff. It appeared that notice was given to Kilborn Whitman, esquire, as the plaintiff’s attorney. The action was removed to this Court by demurrer to the plea, with a reservation of the right to plead anew.
Decided 1828-10-22
¶1The signature of Whitman as attorney is a matter of record and cannot be disputed. The defendant had a right to look to the record ; and if the person whose name is there as attorney acted without authority, and the plaintiff is thereby injured, the remedy is by an action for damages.
¶2Motion for new trial overruled.
¶3 See Revised Stat. c. 94, $ 16.