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Winter v. Carter

1 Cole. Cas. 47 Court N.Y. Sup. Ct. English

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p. 47
Winter vs. Carter.

Headnote

THIS was an Action on Bail Bond. The Defendant pleaded comp emit ad diem; Plaintiff replied nul tiel record ; and lilue being taken thereon, day was given, by Rule entered in vacation, to produce the record on the firft day of this Term.
And now, on this day, being the quarto die pojl,
The Attorney General for Plaintiff, moved that the Defendant be called to produce the record.

The Court expreffed fome doubt whether this was to be confidered as a Common Rule, within the Intent of the firft general Rule of April Term, 1796, and took Time to confider of it till the fucceeding monday, when they ordered Judgment for default of record.