10 Johns. 220 | N.Y. Sup. Ct. | 1813
delivered the' opinion of the court. In the case Jackson v. Bartlett, (8 Johns. Rep. 361.) the court declared that the attorney on record for the plaintiff could not, by virtue of Ms general character, as attorney, discharge a defendant from custody on execution, without satisfaction. There is no case to be found in which it has been adjudged that he had that power; though in Payne v. Chute, (1 Roll. Rep. 365.) the clerks said that it was the usual course for the attorneys of plaintiffs to acknow
The court, therefore, see no reason to doubt of the opinion delivered on this point in Jackson v. Bartlett. It did not appear in that case, and does not in this, that the attorney ordered a discharge of the defendant from the custody of the sheriff under any pretext of satisfaction, or of any consent from his client. There was here not even any imposition upon the officer. The officer must have knoAvn, as AAreIl as the attorney, that there was no satisfaction, or plaintiff’s consent, and it would be alarming to creditors if such a violation of duty between the attorney and the sheriff was permitted to destroy the plaintiff’s right under his judgment.
The motion, on the part of the defendant, to set aside the verdict is therefore denied.
.Motion denied.