Excerpt from The Exchequer Reports, Vol. 1: Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber; Trinity Term, 10 Vict., To Hilary Term, 11 Vict., Both Inclusive
Ou the other hand, if the plaintiff, without serving the defendant, accepts the appearance of an unauthorised attorney for the defendant, he is not wholly free from the imputation of negligence; the law requires him to give notice to the defendant by serving the writ, and he has not done ao. The defendant there is wholly free from blame, and the plaintiff not ao; and upon the same principle on which we before proceeded, we must set aside the judgment as irregular, with costs, and leave the plaintiff to recover those costs, and the expense to which he has been put, from the delinquent attorney, by summary proceedings. The case of Hubbart v. Phillips (a) is an authority for such an ap plication. N ow, applying those principles to the present case, it is clear that this judgment is irregular, and the rule must be made absolute for setting it aside.
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