Keller v. Scott
Keller v. Scott
Opinion of the Court
delivered the opinion of the court.
This is error to the circuit court of Copiah county.
George Rea, one of the defendants below, filed a petition for a writ of error coram nobis. It disclosed that the petitioner had become surety upon the- forthcoming bond of John W. Scott, the defendant in the original execution of Thomas Keller, use, &c. plaintiff. That, at the time of executing the bond, the petitioner was informed by A. G. Brown, the plaintiff's attorney, that the execution whereon said bond was taken, had been satisfied by the original defendant, Scott, and that the bond was a mere form, and was never designed to be carried into effect, and that in fact said Scott had fully satisfied the judgment. Issue was joined upon the writ of error coram nobis, and a jury found in favor of Rea, and that the execution was satisfied as to him. A motion was entered for a new trial, and overruled, and the bill of exceptions sets out the testimony to the following effect. That Brown was indebted to Scott, and had agreed with him, prior to the institution of the original action, to arrange so much of his indebtedness by giving him a receipt against the judgment, when obtained, assuming himself the liability to the plaintiff, and that such receipt was given as agreed upon.
This state of things involves the question of the extent of the general power invested in an attorney at law over the suit he conducts ; as it is not alleged that any special authority was given’ by the plaintiff to his attorney, to make the agreement set forth in the bill of exceptions.
The general power of an attorney extends to the issuance of an execution. The Union Bank of Georgetown v. Geary, 5 Peters R. 99. And he is entitled to take out execution upon a judgment recovered by him for his client, to procure a satisfac
The judgment in this case must be reversed and a new trial of the issue upon the writ of error coram nobis, be awarded by the circuit court of Copiah county.
Reference
- Full Case Name
- Thomas Keller, use, &c. v. John W. Scott
- Status
- Published