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· 7/1/1865

Board of Commissioners (No. 2) v. Younger

Citations

  • 29 Cal. 147

Syllabus

<p>Right of Attorney to manage a Cause.—While an attorney of record remains such, his right to manage and control the action cannot be questioned by the opposite party.</p> <p>Appearance in pro. per. or by Attorney.—A party to an action may appear in his own proper person, or by attorney, but he cannot do both; and if he appears by attorney, he cannot assume control of the case.</p> <p>Client cannot dismiss Suit if Attorney opposes.—If a plaintiff who has appeared by attorney, afterwards stipulates in writing that the action be dismissed, the Court should not make an order of dismissal unless the attorney of record assents to the same.</p>

Judges: Sanderson

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