Grand Court v. Downs

Citations

• 98 Miss. 740
• 53 So. 417

Syllabus

<p>1. Appeal. Attorney and client. Agreement of counsel. Bill of exceptions. Stenographer’s notes. Code 1906, § 47. &</p> <p>Code 1906, § 47, so providing the filing of an appeal bond, operates as an appeal.</p> <p>2. Attorney and Client. Agreement.</p> <p>An agreement by counsel on a bill of exceptions, the signature of the judge being waived, made after appeal by the defendant, is in the absence of a showing of fraud or collusion binding on the plaintiff— the appellee, being signed by one of his attorneys of record below, though not his leading counsel, and although such counsel so signing, was instructed to make no agreement about the ease, the presumption being that such counsel is authorized to act for his client.</p> <p>3. Same.</p> <p>It is presumed that an attorney, assuming to represent a party is authorized to do so, and to do all acts necessary to the proper conduct of the cause, and the party denying such authority has the burden of showing his want of authority, and a party is bound as to the opposite party “by every act which the attorney does in the regular course of practice and without fraud or collusion, however injudicious the act may be.”</p> <p>4. Stenosrapher’s Notes. Sheleton hill of exceptions. Agreement.</p> <p>The agreement of counsel on a skeleton bill of exceptions, does not, .together with such bill, make the stenographer’s notes a part of the record, the only reference thereto, in the bill being, “Kor stenographer’s notes, see page -.” The rule in this state being that when matter is sought to be incorporated in the record, by mere reference to it in the bill of exceptions, such reference must be in terms so specific and certain as to identify such matter beyond 'a reasonable doubt.</p>