Case No. 17,910.

WISE v. GROVERMAN.

[1 Cranch, C. C. 418.]¹

Circuit Court, District of Columbia.

July Term, 1807.

RIGHT TO CONTINUANCE.

If, after a plea of nil debet, by the appearance bail, the principal comes in and gives special bail, and pleads the same plea, the plaintiff is entitled to a continuance of course.

There had been a plea of “owe nothing,” by the appearance-bail and issue. The principal defendant now came in, and gave special bail, and pleaded the same plea, “owe nothing.”

Mr. Jones, for plaintiff, contended for a continuance, as a matter of course.

Mr. Youngs, for defendant, cited the case of Alexander v. Patten [Case No. 171], where the court refused a continuance to the defendant, on account of the appearance of the administrator of the plaintiff.

But THE COURT thought the plaintiff entitled to a continuance of course, in the same manner as on setting aside a writ of inquiry, it being the default of the defendant that he did not appear before. Continued.

DUCKETT, Circuit Judge, absent.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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