Turner v. Caruthers

Citations

• 17 Cal. 431

Syllabus

<p>An attorney of the Court, who institutes suit in the name of a plaintiff, is presumed prima facie to have authority, and the adverse party or his attorney cannot, upon mere suggestion at the bar, deny the right of a party to appear by the attorney of record, nor deny that the attorney so appearing has full authority to prosecute the suit.</p> <p>During the progress of a case on trial, parties cannot be heard otherwise than through the attorneys of record. If a release or other paper has been executed by one of the parties, it should be pleaded.</p> <p>Want of authority in the attorney of record to institute a suit cannot be plead in abatement. The proper course, if the suit were not authorized, is for defendant to move the Court upon affidavits to dismiss the suit, upon the ground that it was not authorized by the person in whose name it is brought, If the attorney, on such motion and after notice of it, fails to show his authority, the Court can dismiss the case.</p>