If it is alleged by a party for whom an attorney appears that the attorney does so without authority, the court, at any stage of the proceedings, if fully satisfied that the allegation is true, may relieve the party for whom the attorney assumed to appear from the consequences of his acts.
(Orig. Code 1863, § 385; Code 1868, § 446; Code 1873, § 411; Code 1882, § 411; Civil Code 1895, § 4421; Civil Code 1910, § 4959; Code 1933, § 9-603.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 7 Am. Jur. 2d, Attorneys at Law, § 147.
C.J.S.- 7A C.J.S., Attorney and Client, § 235.
ALR.
- Attack on domestic judgment on ground of unauthorized appearance for defendant by attorney, 88 A.L.R. 12.
Warrant of attorney to confess judgment signed by two or more as joint, or several, or joint and several, 89 A.L.R. 403.
When attorney's power deemed coupled with an interest so as to prevent discharge or revocation, 98 A.L.R. 923.
Service of notice to modify divorce decree or other judgment as to child's custody upon attorney who represented opposing party, 42 A.L.R.2d 1115.
Authority of attorney to dismiss or otherwise terminate action, 56 A.L.R.2d 1290.
Right of attorney to continue divorce or separation suit against wishes of his client, 92 A.L.R.2d 1009.