¶1Inasmuch as the declaration had been taken from the office by the plaintiff’s *35•counsel when the defendant’s counsel applied for it, it must be considered as filed the first day of the term, so far as relates to the defendant’s counsel haring an opportunity to examine its contents: and as the case is of a peculiar nature, arising out of legislative enactments, which have never had a judicial construction, and the amendment presents, at least, a new state of the case, the defendant is not bound to plead during the' present term. Bule denied, and the cause continued.
29 F. Cas. 34
Walker v. Johnson
U.S. District Court
Decided November 15, 1840
U.S. District Court · decided 1840-11-15
Amended declaration, filed in vacation, more than twenty days before the first day of the term, and notice given to defendant’s counsel, but no rule taken on the rule docket, and when defendant's counsel, a few days before commencement of the term, called at the clerk’s office to examine the declaration, it was not in the office, having been taken out by the plaintiff’s counsel; it was returned to the office before the first day of the term, of which, however, the…
Decided 1840-11-15