¶1denied the motion, on the ground that, although the defendant had received a copy of the bill from the solicitor who had chosen to appear for him, yet he had made no express disavowal of such solicitor’s authority, and non constat he would disavow it. Costs to abide the event.
3 Edw. Ch. 372
Mallet v. Girard
Decided January 6, 1840
New York Court of Chancery · decided 1840-01-06
The defendant resided at New-Orleans ; and the solicitor for the complainant obtained and published the usual order for an appearance. Before the time was out, a solicitor entered an appearance for the defendant; and a copy of the bill, with notice of an order to answer, was served.
Cited by 2 later decisions — most recently August 1927
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1840-01-06
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