[Attorneys prohibited from acting as surety for clients.]

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No practicing attorney shall be a surety in any action or proceeding in which he is an attorney in any of the courts in this state.

History: Laws 1909, ch. 53, § 31; Code 1915, § 358; C.S. 1929, § 9-132; 1941 Comp., § 18-112; 1953 Comp., § 18-1-12.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Scope of authority. — Where defendant did not personally sign the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer in the prior suit, in which appears the admission of the debt now sued upon, but in her answer in the present suit she admits her deceased husband signed the answer in the prior suit as attorney for her and himself, and no question has been raised as to his authority to sign the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer in the prior suit had the same effect as if she had personally signed. Smith v. Walcott, 1973-NMSC-074, 85 N.M. 351, 512 P.2d 679 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law §§ 129 to 167.

Compelling admission to membership in professional association or society, 89 A.L.R.2d 964.

7A C.J.S. Attorney and Client §§ 191 to 217, 280 to 384.


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