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21 F. Cas. 1266

Sherburne v. King

U.S. District Court

Decided June 15, 1820

U.S. District Court · decided 1820-06-15

This action of replevin was discontinued at the last term (the return term), by the non-appearance of the defendants [King and Langley], no steps having been taken by the plaintiff to continue the process. now moved to reinstate it upon affidavit of himself, and one of the defendants, stating that the clerk was at the last term ordered to enter Mr. Ashton’s appearance for the defendant.

Decided 1820-06-15

¶1And

THE COURT

¶2made the following order: It appearing to the satisfaction of the court that the appearance of the defendant by his attorney was omitted to be entered, by the mistake of the clerk, at the last term, it is ordered that his appearance be entered as of the last term, and the cause brought forward upon the docket of this term.

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