In re Gasser

Citations

• 104 F. 537
• 44 C.C.A. 20
• 1900 U.S. App. LEXIS 3944

Syllabus

<p>1, Attorney at Law — Presumption of Authority to Act in Court.</p> <p>An attorney at law, who is admitted to practice in a court, is presumed to be duly authorized to appear and act for any party whom he claims to represent in that court, and, in the absence of countervailing evidence or statutory prohibition, that presumption is conclusive.</p> <p>2. Same — Authority to Represent Creditor under Bankruptcy Law.</p> <p>The bankruptcy law of 1898 (subdivision 9, § 1) and general order in bankruptcy No. 4 provide, and form No. 20 in bankruptcy contemplates, that an attorney at law admitted to practice in the United States district court will be presumed to be duly authorized to appear and act for any creditor whom he assumes to represent in bankruptcy proceedings, and in his behalf to oppose the discharge of the bankrupt, without any written power of attorney or authority so to do. The general presumption of law that he is authorized to appear and to do the acts on behalf of his client which he assumes to perform is recognized by the bankruptcy law and the general order, and, in the absence of countervailing evidence, it is conclusive.</p> <p>(Syllabus by the Court.)</p>