Criminal Law · MBE-tested
Heyers v. Denning
1 Cole. & Cai. Cas. 75·New York Supreme Court·1799·NY
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Opinion
Heyers v. Denning.
IN this cause the plaintiff had proceeded to outlawry, when he received a notice of retaiher from S, ¡S. for the defendant, who, in his notice signed for or on behalf of the defendant, and said verbally, that he did not mean to appear as attorney. At the last term S. had obtained a rule that all proceedings should be set aside ; but no bail had been entered. 7
Jones for the plaintiff
moved to vacate the rule which was so obtained, on the ground that the interference by S. was irregular.
[MAJORITY — Per Curiam.]
Per Curiam.
S~—, appearing in the manner he did, must be considered as a mere stranger, and could not take any rule in the cause. The defendant has neither appeared in person, nor by attorney, nor entered bail; therefore all the proceedings must be set aside. And the court, considering it as improper practice in any attorney to attempt to appear as agent, but not as attorney, add, that S. himself pay the costs.