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2 D.C. 509

French v. Venable

Decided January 6, 1825

moved to reinstate this action of replevin, it having been discontinued at the last term by the nonappearance of the defendant. The defendant’s affidavit stated that Mr. Caldwell, ever since the death of Mr. Bates, had acted as the counsel of his executors. That the writ, in this cause, was returnable to the last term.

Decided 1825-01-06

The Court(Thruston, J.,' absent,)

¶1refused to reinstate the cause, saying, that an appearance could not be- entered in the office; and the clerk was not bound, upon such a verbal order, *510to make the entry in Court, at the adjourned session of the Court, although it was, 'in law, the same term. The Court has uniformly refused to reinstate such cases unless the omission to enter the appearance was by neglect 6f the clerk, and referred to lhe case of Williamson v. Bryan, at April term, 1823, [ante, 407,] and several other eases in this Court.

Mr. Key, for the plaintiff.Mr. Hall, for the defendant.
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