Allen v. Green

Court of Appeals of North Carolina

Allen v. Green

17 S.C.L. 448

DecidedMarch 15, 1830

StatusPublished

This text of 17 S.C.L. 448 (Allen v. Green) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Green, 17 S.C.L. 448 (N.C. Ct. App. 1830).

Pincite

Opinion

Colcock, J.

delivered the opinion df the Court.

The objection taken cannot avail the defendant. It has long been the practice in the Courts of this State to conduct causes, and to obtain judgments, without any regular warrant of attorney. I have no doubt, that a case may occur in which it would be proper to call for it. As for instance, on proof that an attorney was proceeding without authority, for the mere purpose of oppression, or for any other sinister purpose, the Court, in the exercise of its discretion, would call on the attorney to produce his authority.

Johnson, J. and Richardson, J. concurred.

Motion refused.-

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Colcock, J.

delivered the opinion df the Court.

The objection taken cannot avail the defendant. It has long been the practice in the Courts of this State to conduct causes, and to obtain judgments, without any regular warrant of attorney. I have no doubt, that a case may occur in which it would be proper to call for it. As for instance, on proof that an attorney was proceeding without authority, for the mere purpose of oppression, or for any other sinister purpose, the Court, in the exercise of its discretion, would call on the attorney to produce his authority.

Johnson, J. and Richardson, J. concurred.

Motion refused.-

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Bluebook (online)

17 S.C.L. 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-green-ncctapp-1830.