In Newburger v. Campbell, 58 How. Pr. 313 (N.Y. C.P. 1880), an appellate court held that where during the course of a trial, the court learned that the person appearing on behalf of a party was not a lawyer, and the court allowed the trial to proceed, the judgment rendered was void.

In reversing the judgment for the plaintiffs, the court held:

"As it is declared by statute to be a misdemeanor for the judge to knowingly permit to practice in his court a person not regularly admitted to practice, we are of the opinion that his judgment, rendered in a cause so conducted in violation of law, is void and must be reversed" (id. at 103).