The President, Directors and Company of the Bank of the United States, Appellants vs. David Weisiger, Appellee

The President, Directors and Company of the Bank of the United States, Appellants vs. David Weisiger, Appellee. ’Itere theappellfee Bad died 'after the commencement of the term, and the „ Cwrt-not knowing bis decease had decided upon the case, after argnmeht, the Court orderec} the decree to he entered as of the first day of the, terml IN this case, which, had been, argued on a. previous day of the terna, and the..opinion of the Court deli vered.in fav.our of the. appellant?, (See ante, page 331) Mr Bibb having informed. the . Court that , the defendant, Weisiger, had died since the commencement of the term; stated that he had been of counsel with, the respondent, but. he considered that hfB authority had expired by his death- He objected to the entry of a decree. Mr Sergeant, for the complainants, moved the. Court to cause the decree to be entered of* a day in the term be-. fore tbe respondent’s deathand he cited Davis vs. Davis, 9 t^es. 461.. Campbell vs. Mesier, 4 Johns. C. R. 342. Asburnham vs. Thompson, cited 2 Mad. :C. P. 529, as fully establishing the practice according to his motion. Mr Bibb, contra. [MAJORITY] The Court ordered, the decree to be entered as of the first day of the terra.