Ruckman v. Alwood

Citations

• 44 Ill. 183

Syllabus

<p>1. Errors — what may he pleaded as a release of. Where a party recovering a judgment, or decree, voluntarily accepts the benefits thereof, knowing the facts, he is thereby estopped to afterward reverse such judgment or decree. The acceptance operates, and may be pleaded, as a release of errors.</p> <p>2. Attorney and client—relations of—powers of attorney. An attorney usually has the power to receive his client’s money in a case in which he is employed, and this, by virtue of his retainer. The fact of employment implies such authority, unless limited, and even then a client would be bound, unless the party paying the money to the attorney, had notice of the limitation.</p> <p>3. Same—power of attorney ceases with the termination of the relation. The power of an attorney ceases upon the termination of the relation, after which any, and all acts of an attorney, whether in the matter of receiving the benefits of a judgment, or decree, releasing errors of record, or otherwise, are unwarranted, being without authority, and therefore do not bind the client.</p>