Ex parte Thomas

Headnote

TaomAS having sued and obtained judgment against Grovesteen before -a justice of Montgomery county, the lat-. ter appealed .to the O. P. of that county. Thomas - resided , ni , , 1 T. " ’ in another county; and the.general rules of the U..P. provided that if the plaintiff, at the commeneemento f the suit, resided out of the county,, or afterwards removed out, the defendant might, at any time before the jurors were seated in the box, obtain an order to stay;proceedings *till seenrity for the. defendant’s costs should be given, (declaring what security;) and that if. such.security should not be given within a certain time after the service of the order, the defendant might enter the plaintiffs default, and.at the next term take judgment against the plaintiff,

Under these rules,- the appellant proceeded,to his ment against the ¡appellee. The latter disregarded the proceedings, and took an: inquest, which the G., P. made a rule to set aside on motion.

The-court were now moved for a mandamus commanding the 0. P. to set aside their, rule. Notice of the motion here had been served on the attornevs of, the appellant.

An appellee thousb residihg out of the county where pendmg^snot within the go-a court 0f c.p. judgment may non. resident plain-J^01^18 g¡f¡ s<Surit^nd for ?

It was not opposed, but