Van Epps v. Clapp
1 Wend. 78 | N.Y. Sup. Ct. | 1828
An appearance ™ri t,r ^6with out the a plaintiff will not warrant the defendant to proceed to judgment of non pros.
In this case, the capias contained an ac-eliam clause. The sheriff, without instructions or direction, permitted the dei’en^ant to indorse his appearance. The defendant ruled