PEOPLE EX REL. DEPT. OF PUBLIC WORKS v. MALONE

Docket No. 433.

232 Cal.App.2d 531 (1965)

42 Cal. Rptr. 888

THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Respondent, v. M. CARROLL MALONE et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

February 25, 1965.


Attorney(s) appearing for the Case

M. Carroll Malone, in pro. per., and Willedd Andrews for Defendants and Appellants.

Harry S. Fenton, R.B. Pegram, Joseph A. Montoya, Philip F. Lanzafame and Robert W. Vidor for Plaintiff and Respondent.


CONLEY, P.J.

[1] A leading question here is: Can an agent, by virtue of a special power of attorney, participate in litigation on behalf of his principal and stipulate to a judgment in the place and stead of an attorney at law? The answer, which should be obvious at least to every judge and attorney familiar with the State Bar Act (Bus. & Prof. Code, div. 3, ch. 4), is a positive "No."

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