The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-07-11
COURT DECISIONS.
synopsis of Opinions of supreme Court.

7. T.. Aycock vs. Asaline Hesrne,
from Robertson county. This ease
was submitted several terms. since the
| record showing that Il. L. ASc0ck and W.
IL. Hamman were attorneys ofrecord for
appellant and II. d. Prendergast attorney
OF record for appellee. DURING the pre-
sent term an order has been made referring
the case to the commissioners of appeals. A
| motion is now made signed by B. l.. Ay-
cock, attorney of record for appellant and
William ii. Hsmmon attorney for Asaline
Hearne, appellee asking that the reference
be withdrawn, the submission set aside and
upon II confession of error by Asaline
Hearnc, Herewith fled, that the Judgment
be reversed and the cause remanded for
further proceedings. That confession of
error is signed Asaline Hearne, appellee, by
William II. Hannah, her counsel, and
agent, and attorney in fact" Opposition
filed to this motion by IL. ID. Prendergast
as attorney for appellee, obiecting amongst
other thing, that W. II. Hannah il the at.
torney OF record for the appellant; that he
himself hiss had no notice from his client of
his discharge, nor has there been any order
of court authorizing his discharge, or an.
thorizing W. II Hannah to act "a her st.
torney BY way of reply 10 this objection
an instrument is filed, duly witnessed and
proven up, signed by Asaline Hesrne and
William Ii. Hamman, wherein Hannah
appointed her agent and attorney IN
iact, ana At law to examine into, assert and
maintain her rights to a certain tract of
land and its revenues (being the land in
litigation in this suit and wherein she un.
dertnkes to annul any authority before
delegated to IL. ID. PreLdergast In reference
to said land In consideration OF the un-
dertaking on the part OF Hannah to pro.
tect her in the occupation and enjoyment
OF 100 acres OF the land she re.
leases and conveys the remain
der to him. We are of the opinion
that the attempted discharge Of PenderQo.t
the attorney off record Of appellee, and the
attempted appointment Of appellee Of
!iamman as her agent and attorney he be-
ing at the time one Of the ATTORNEYS Of
record OF the appellant, are each IRREGULAR,
me right OF the client to discharge an at
torney OF record will be 80 restricted by the
courts as 10 protect tho latter in his proper
CHARGES. Mceks on Attorneys at Law n
42S-40. Sec. $50. OF the appearance here
OF iiamman as agent and attorney for an
pellee, he being still the attorney Of record
iior appellant, is irregular. 1t isimportant
that the true relation OF attorneys to cases
pending in court should be exhibited by
the docket and records of the court, and
we feel justified in declining to permit the
control of the case to be summarily changed
from the attorney ofrecord Of appellee Who
procured the Judgment appealed from and
claims an interest in that Judgment
TO one whose name still stand.
on the docket as ono of the attorney.
for appellant. The appointment under the
circumstances was Irregular, and should
not, we think, be recognized by thi. court
Although the character and standing of
counsel in this case preclude any Thought
OF actual unfaithhllness on his parl 10 Che
appellant, and he Is even Joined in his mo-.
ton by counsel, still proposing to repre-
sent appellant, still We think that the
whole proceeding 10 in disregard OF the
rules regulating attorneys As officers OF
court, and is highly irregular The motion
is overruled. Robert 3. Gould Chief Justice