Bennie v. Triangle Ranch Co.

Decision Date02 July 1923
Docket Number10662.
Citation216 P. 718,73 Colo. 586
CourtColorado Supreme Court
PartiesBENNIE et al. v. TRIANGLE RANCH CO.

Error to Lincoln County Court; P. O. Hedlund, Judge.

Action by the Triangle Ranch Company against Robert Bennie and another. Judgment for plaintiff, and defendants bring error.

Reversed and remanded, with directions to dismiss complaint.

John G. Reid, of Hugo, for plaintiffs in error.

WHITFORD J.

An unverified complaint was filed in the county court of Lincoln county, subscribed 'the Triangle Ranch Company, by Jesse L. Thomas, Secretary and Manager,' seeking damages for loss and injury to its cattle, alleged to have been inflicted by the plaintiff in error. After issue made by answer the case came on for trial, which resulted in a judgment for plaintiff, and the defendants bring the case here by writ of error.

It appears that no notice was taken below, by either the defendants' attorney or the court, that the plaintiff was being represented the trial of the case by a person not authorized to appear as attorney in a court of record.

We take judicial notice that the name of Jesse L. Thomas does not appear upon the roll kept by the clerk of this court as a person licensed to practice as an attorney and counselor at law within this state.

Our statute (5997, C. L.), provides that no person shall be permitted to practice as an attorney or counselor at law, or to commence or conduct or defend any action or suit in any court within this state, either by using or subscribing his name, or the name of any other person, without obtaining a license from at least four of the justices of the Supreme Court.

The record recites that Thomas appeared as attorney for the plaintiff, selected a jury, conducted the trial, and, after judgment, signed written objections to the bill of exceptions and described himself as 'attorney for plaintiff.' He also appeared in this court and filed a motion to strike the bill of exceptions and a brief in support thereof, as well as a brief in opposition to the motion for a supersedeas, which were subscribed 'the Triangle Ranch Company, by Jesse L. Thomas, Secretary and Manager.'

The plaintiff corporation invoked, and submitted itself to, the jurisdiction of the court, if at all, through the actions and appearance of Mr. Thomas as its representative. This he was unauthorized to do.

It is elementary that a corporation can only appear by attorney. A...

To continue reading

Request your trial
36 cases
  • Liberty Mutual Ins. Co. v. Jones
    • United States
    • United States State Supreme Court of Missouri
    • July 5, 1939
    ...101 S.W. (2d) 977, Brand 627; Mullin-Johnson Co. v. Penn Mut. Life Ins. Co., 9 Fed. Supp. 175, Brand 299; Bennie v. Triangle Ranch Co., 73 Colo. 586, 216 Pac. 718, Brand 78; New Jersey Photo Engraving Co. v. Schonert & Sons, 95 N.J. Eq. 12, 122 Atl. 307, Brand 80; Cary & Co. v. Satterlee & ......
  • Clark v. Austin, 34481.
    • United States
    • United States State Supreme Court of Missouri
    • February 8, 1937
    ...in such a proceeding is void.' California Jurisprudence, 1932 Supplement, `Practice of Law,' p. 34, citing Bennie v. Triangle Ranch Co., 73 Colo. 586, 216 Pac. In the New Jersey Photo Engraving Company case, supra, a corporation had filed in the chancery court a petition praying for the ext......
  • McKenzie v. Burris, 73--73
    • United States
    • Supreme Court of Arkansas
    • October 22, 1973
    ...be dismissed, a judgment in the cause reversed, or the steps of the unauthorized practitioner disregarded. See Bennie v. Triangle Ranch Co., 73 Colo. 586, 216 P. 718 (1923); Niklaus v. Abel Construction Co., 164 Neb. 842, 83 N.W.2d 904 (1957); Landis v. Superior Ct., 232 Cal.App.2d 548, 42 ......
  • Clark v. Austin
    • United States
    • United States State Supreme Court of Missouri
    • February 8, 1937
    ...... void.' California Jurisprudence, 1932 Supplement,. 'Practice of Law,' p. 34, citing Bennie v. Triangle. Ranch Co., 73 Colo. 586, 216 P. 718.". . .          In the. New Jersey ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT