Ex parte Lee

Decided April 15, 1832

objected to the clerk’s bill of fees in a chancery attachment, in which he charged continuances at the rules, after the cause was set for hearing as to the resident defendants, and common order of publication as to the absent defendants, and before the order of publication was executed. The cause as to the resident defendants was transferred to the court-docket; but as to the absent defendants it remained at the rules.

Decided 1832-04-15

The Court

¶1said it was a question of practice-; and requested information as to the practice in the courts of Virginia. Mr. R. J. Taylor said the practice was as stated by Mr. Lee. Precedents were also produced in the time of Colonel Deneale ; and on this day, (3d May, 1832,) a letter from Mr. Phillips, the clerk of the Court at Fauquier, in Virginia, was produced, confirming Mr. Lee's statement of the practice.

¶2The Court (Thrüston, J., absent,) decided the point in favor of the clerk.