Search Result for "warrant of attorney":

The Collaborative International Dictionary of English v.0.48:

Warrant \War"rant\, n. [OE. warant, OF. warant a warrant, a defender, protector, F. garant, originally a p. pr. pf German origin, fr. OHG. wer[=e]n to grant, warrant, G. gew[aum]hren; akin to OFries. wera. Cf. Guarantee.] [1913 Webster] 1. That which warrants or authorizes; a commission giving authority, or justifying the doing of anything; an act, instrument, or obligation, by which one person authorizes another to do something which he has not otherwise a right to do; an act or instrument investing one with a right or authority, and thus securing him from loss or damage; commission; authority. Specifically: [1913 Webster] (a) A writing which authorizes a person to receive money or other thing. [1913 Webster] (b) (Law) A precept issued by a magistrate authorizing an officer to make an arrest, a seizure, or a search, or do other acts incident to the administration of justice. [1913 Webster] (c) (Mil. & Nav.) An official certificate of appointment issued to an officer of lower rank than a commissioned officer. See Warrant officer, below. [1913 Webster] 2. That which vouches or insures for anything; guaranty; security. [1913 Webster] I give thee warrant of thy place. --Shak. [1913 Webster] His worth is warrant for his welcome hither. --Shak. [1913 Webster] 3. That which attests or proves; a voucher. [1913 Webster] 4. Right; legality; allowance. [Obs.] --Shak. [1913 Webster] Bench warrant. (Law) See in the Vocabulary. Dock warrant (Com.), a customhouse license or authority. General warrant. (Law) See under General. Land warrant. See under Land. Search warrant. (Law) See under Search, n. Warrant of attorney (Law), written authority given by one person to another empowering him to transact business for him; specifically, written authority given by a client to his attorney to appear for him in court, and to suffer judgment to pass against him by confession in favor of some specified person. --Bouvier. Warrant officer, a noncommissioned officer, as a sergeant, corporal, bandmaster, etc., in the army, or a quartermaster, gunner, boatswain, etc., in the navy. Warrant to sue and defend. (a) (O. Eng. Law) A special warrant from the crown, authorizing a party to appoint an attorney to sue or defend for him. (b) A special authority given by a party to his attorney to commence a suit, or to appear and defend a suit in his behalf. This warrant is now disused. --Burrill. [1913 Webster]
Bouvier's Law Dictionary, Revised 6th Ed (1856):

WARRANT OF ATTORNEY, practice. An instrument in writing, addressed to one or more attorneys therein named, authorizing them generally to appear in any court, or in some specified court, on behalf of the person giving it, and to confess judgment in favor of some particular person therein named, in an action of debt, and usually containing a stipulation not to bring any writ of error, or file a bill in equity, so as to delay him. 2. This general authority is usually qualified by reciting a bond which commonly accompanies it, together with the condition annexed to it, or by a written defeasance stating the terms upon which it was given, and restraining the creditor from making immediate use of it. 31. In form it is generally by deed; but it seems, it need not necessarily be so. 5 Taunt. 264. 4. This instrument is given to the creditor as a security. Possessing it, he may sign judgment and issue an execution, without its being necessary to wait the termination. of an action. Vide 14 East, R. 576; 2 T. R. 100; 1 H. Bl. 75; 1 Str 20; 2 Bl. Rep. 1133; 2 Wils. 3; 1 Chit. Rep. 707. 5. A warrant of attorney given to confess a judgment is not revocable, and, notwithstanding a revocation, judgment may be entered upon it. 2 Ld. Raym. 766, 850; 1 Salk. 87; 7 Mod. 93; 2 Esp, Rep. 563. The death of the debtor is, however, generally speaking, a revocation. Co. Litt. 62 b; 1 Vent. 310. Vide Hall's Pr. 14, n. 6. The virtue of a warrant of attorney is spent by the entry of one judgment, and a second judgment entered on the same warrant is irregular. 1 Penna. R. 245; 6 S. & R. 296: 14 S. & R. 170; Addis. R. 267; 2 Browne's R. 321, 3 Wash. C. C. R. 558. Vide, generally, 18 Eng. Com. Law Rep. 94, 96, 179, 209; 1 Salk. 402; 3 Vin. Ab. 291; 1 Sell. Pr. 374; Com. Dig. Abatement, E 1, 2; Id. Attorney, B 7, 8; 2 Archbold's Pr. 12; Bing. on Judgments, 38; Grah. Pr. 618; l Crompt. Pr. 316; 1 Troub. & Haly's Pr. 96. 7. A warrant of attorney differs from a cognovit, actionem. (q.v.) See Metc. & Perk. Dig. Bond, IV.