Danville v. Rhodes

Citations

• 180 Pa. 157
• 36 A. 648
• 1897 Pa. LEXIS 894

Syllabus

<p>Attorneys at law — Powers of — Warrant of attorney — Practice, O. P.</p> <p>An attorney at law is an officer of the court in which he is admitted to-practice. His admission and license to practice raise a presumption prima facie, in favor of his right to appear for any person whom he undertakes to represent. When his authority to do so is questioned or denied the burden of overcoming this presumption in his favor rests on him who-questions or denies his authority, and such person must show by affidavit the existence of facts tending to overcome the presumption before the attorney can be called upon to file his warrant of attorney.</p> <p>Where an attorney, in accordance with a rule taken upon him, files a warrant of attorney sufficient in form and in manner of execution, the rule has been complied with, and it is functus officio. If the warrant is alleged to be defective, or forged, or in any manner insufficient to justify the court in treating it as authority for the appearance of the attorney, the defect should be pointed out by exceptions, and its sufficiency passed upon by the court. If the court holds the warrant sufficient the case proceeds. If it is held insufficient proceedings therein will be stayed or in a proper case the suit may be dismissed.</p> <p>An attorney at law regularly admitted to practice filed a bill in equity. A rule was subsequently taken upon him to file his warrant of attorney. No affidavit or statement of facts tending to throw doubt on his authority was filed, and no application whatever was made to the court. Subsequently the attorney filed a warrant of attorney in due form executed by the corporation purporting to be the plaintiff, under its seal. Subsequently the court, without any final disposition of the warrant of attorney, and without any suggestion on the record that it was not what it purported to be, granted a rule to show cause why the warrant should not be stricken off, and afterwards made the rule absolute. It appeared th