2 Cai. Cas. 386 | N.Y. Sup. Ct. | 1805
The defendant in this cause, without any previous rule for trying it by proviso, gave a simple notice that he should bring it on, but inserted a proviso clause in the venire. Under these circümstaces he obtained a nonsuit at the last term, to set aside which, application was now made on behalf of the plaintiff, who did not notice for trial; the court, however, refused the motion, in consequence of the proviso clause being inserted in tbe venire, but at tbe same time made tbe following general rule:
Ordered, that hereafter the defendant shall not try a cause by proviso, without a previous rule for that purpose, to be granted by the court on the usual notice.
In the case of Thomas Addis Emmet, Esq., who was admitted, in this term, to the degree of counsellor, the court determined that alienism was no bar to admission,
N. B. It was ruled that a counsellor of this court is entitled to privilege, and must be proceeded against by bill as present in court, and not by writ.
REGULiE GENERALES.
Ordered, that in future only the oath of office be administered to persons admitted as counsel or attorney in this court.
See ante, 261, n. (a,) contra.