New York Supreme Court, 1818

Caniff v. Myers

Caniff v. Myers
New York Supreme Court · Decided May 15, 1818
15 Johns. 246
Caniff v. Myers

Opinion of the Court

Per Curiam.

As between the plaintiff and defendant, the attorney was a competent witness to prove the authority to himself to appear as attorney in the suit. He acquired no right to costs in consequence of swearing to the execution of the power, and, therefore, had no interest. The justice also erred in giving judgment against the plaintiff for his own costs.

Judgment reversed.(a)

Vide Timmerman v. Morrison, 14 Johns. Rep. 369.

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