1 D.C. 347
District of Columbia District Court
Decided July 15, 1806
District of Columbia District Court · decided 1806-07-15
<p>If tlie only resident member of a copartnership who are plaintiffs dies pending the suit, the defendant may demand security for costs against the surviving plaintiffs, and the Court will continue the cause to give the defendants an opportunity to lay the rule and give sixty days’ notice.</p> <p>If the blanks in the declaration have been filled up by the plaintiff at the trial-term, and the defendant pleads with a knowledge that they have been so filled up, it is not a ground for continuance of the cause.</p>
Decided 1806-07-15
¶1said it was only ground for a motion to strike out what had been filled up.
¶2It was then stated that defendant had pleaded non assumpsit after a knowledge that the blank had been so filled.
¶3The Court said that that was a waiver of the objection.
¶4Mr. Lee then obtained a continuance on affidavit.