Majority
p. 327Satterlee, Administrator, against Satterlee. said, that the plea being double, ought to have been signed by counsel, and cited Dubois v. Philips. ( 5 Johns. Rep. 235 .)
Headnote
Double pleat by counseL0"64stravit “'singly n'oTbet’igneTby jobed^itíi^the p®“aia¡sissJ°’¿¿,e a.n(1 must be signed by coun-. se!.
•N. WILLIAMS, for the defendant, moved to set aside the default entered in this cause, for want of a plea, and all subsequent proceedings, for irregularity.
The defendant had pleaded the general issue and plene administravit, a copy of which was, in due season, delivered to the plaintiff’s attorney, but the pleas not being Signed by counsel, the plaintiff’s ^attorney treated them as J a nullity, and entered a default for want of a plea.
Huntington, contra,
p. 328that neither of the pleas required a counsel’s hand, and cited Tidd’s Practice, 622. 1 Sellon, 326.
Williams observed,
This case comes within that of Dubois v. Philips, ( 5 Johns. Rep. 233 .) and the double plea of non assumpsit and plene administrav.it, was not good, without the signature of counsel. Had the last plea been singly pleaded, it need not have been signed by counsel; but double pleas must be sq signed, according to the practice of the court of K. B., which is the practice of this court in those cases in which a different practice has not been established, (1 Tidd, 621, 622. 2 Bast, 225.) We grant the motion to set aside the default, and to let the defendants in to plead, upon payment of costs.