14 F. Cas. 831
U.S. District Court
Decided November 15, 1805
U.S. District Court · decided 1805-11-15
Debt against [Lewis] Summers and others. Both defendants were taken by the marshal, and after office judgment, appeared by attorney and set aside the office judgment; whereupon the cause was sent back to the Tules for further proceedings, when the defendant, Summers, in proper person, pleaded in abatement that he was one of the marshal's deputies, and that the capias was not served on him by a disinterested person, as required by the 28th section of the judiciary act of 1789…
Decided 1805-11-15
¶1decided that the plea in abatement was good.
¶2Demurrer overruled.
¶3[The judgment of the circuit court was reversed in the supreme court upon error; the court being “unanimously of opinion that the appearance by attorney cured all irregularity of process. The defendant, perhaps, might have áppeared in propria persona, and directly pleaded in abatement: but. having once appeared by attorney. he is precluded from taking advantage of the irregularity.” 3 Cranch (7 U. S.) 496.]