Printable Format7-107.
History: G.S. 1868, ch. 11, § 7; R.S. 1923, § 7-107; Repealed, L. 1999, ch. 89, § 1; July 1.
CASE ANNOTATIONS
1. Authority of attorney acknowledging service is presumed unless contrary shown. Hendrix v. Fuller, 7 Kan. 331, 337.
2. Attorney making appearance presumed to have authority until contrary shown. Esley v. People of Illinois, 23 Kan. 510.
3. Appearance in court held prima facie evidence of authority. Whipple v. U.P. Rly. Co., 28 Kan. 474, 481. Questioned: Brockway v. Oswego Township, 32 Kan. 221, 4 P. 79.
4. Township officers, failing to take office, effect. Brockway v. Oswego Township, 32 Kan. 221, 224, 4 P. 79.
5. Not necessary for attorney to plead authority or extent of authority. Douglass v. Leavenworth County, 75 Kan. 6, 8, 88 P. 557.
6. Proof of authority may be required on proper showing. Douglass v. Leavenworth County, 75 Kan. 6, 8, 88 P. 557.
7. Authority of assistant attorney general may be proved by certificate. The State v. Jepson, 76 Kan. 644, 649, 92 P. 600.
8. Motion to show authority overruled; judgment not open to attack. Dyer v. School District, 76 Kan. 889, 891, 92 P. 1122.
9. Plaintiff cannot, after trial, question right of attorney to defend. Plummer v. Ash, 90 Kan. 40, 44, 133 P. 157.
10. If authority of attorney challenged statutory method must be followed. Wisecarver v. Wells, 108 Kan. 842, 847, 197 P. 219.
11. Section cited in considering validity of execution issued upon praecipe of attorneys. Ternes v. Grove, 121 Kan. 827, 829, 250 P. 338.
12. Question of attorney's authority must be questioned separately, not in general pleadings. Klingberg v. Atchison, T. & S.F. Rly. Co., 137 Kan. 523, 527, 21 P.2d 405.
13. Examination as to authority is in discretion of trial court. State v. Gillen, 151 Kan. 359, 363, 99 P.2d 832.