General
Thomas and Andrew Napier v. Christopher Whipple
1 Cole. & Cai. Cas. 441·New York Supreme Court·1805·NY
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Opinion
Thomas and Andrew Napier v. Christopher Whipple.
THE plaintiffs’ original attorney had left this state before the return of the writ; the one now employed found, on search, a rule entered to declare or be nonprossed. In consequence of which he served a declaration, received a plea of the general issue, went to trial, and obtained a verdict.
Emott,
on an affidavit containing the above statement, and that, from having received no instructions or papers from the first attorney, he could not obtain the bail-bond given in this suit, which was taken by one of the plaintiffs, who was specially deputised to make the arrest, moved to file common bail nunc pro tune, which was, after slight opposition,
[MAJORITY]
Ordered accordingly.