Frederick L. Millner v. Norfolk & Western Railway Company, a Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the existence of a dispute over an attorney's authority to settle renders summary enforcement inappropriate
• holding summary enforcement of the settlement agreement was improper where an evidentiary hearing was required to resolve factual disputes
• noting “the authority of a trial court summarily to enforce a settlement agreement and to enter judgment based on that agreement without plenary hearing.”
• noting “the trial court’s inherent equitable power summarily to enforce a settlement agreement when the practical effect is merely to enter a judgment by consent”
• evidentiary hearing required to determine whether attorney had authority to bind client to settlement agreement
• “when there is a substantial factual dispute . . . the trial court must hold an evidentiary hearing in order to resolve that dispute”

Source: CourtListener parenthetical corpus (CC0).