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RULES FOR ADMISSION OF ATTORNEYS.

RULE THIRD.

Whenever an applicant shall wish to be examined for admission, as an attorney, to any of the county courts, it shall be his duty to apply to the committee of examination, a reasonable time before the session of the court at which he expects to be admitted, whose duty it shall be to give such applicant a thorough but impartial examination, either public or private at their discretion.

RULE FOURTH.

If upon such examination the committee shall, in their opinion, find such applicant qualified for admission, as an attorney of the county court, they shall recommend him in writing to the court for admission.

RULE FIFTH.

If upon such examination it shall be established by affidavit, to the satisfaction of such court, that such applicant has complied with rule first, relative to the term and place of study, and shall be of good moral character and of the requisite age, they shall cause the proper oaths to be administered to him.

RULE SIXTH.

Any attorney who shall have practised two years before the county court with a good reputation, may, upon recommendation in writing of the standing committee of the county court, grounded upon an examination, be admitted as an attorney of the supreme court.

RULE SEVENTH.

An attorney or counsellor from another state may be admitted an attorney of the several courts in this state on the same terms on which attorneys from this state are or shall be admitted attorneys or counsellors in such state.

RULES FOR ADMISSION OF ATTORNEYS.

And any attorney from another state, after having studied one year with an attorney of the supreme court, may, on examination and recommendation in writing of the committee of the county court, be admitted an attorney of the several county courts; and if he shall have been an attorney of the highest court of law in such state, he may, upon a like. examination and recommendation, be admitted an attorney of the supreme court.

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RULE EIGHTH.

Any attorney or counsellor from a government without the United States, after having studied one full year with an attorney of the supreme court, may, on examination and recommendation of the standing committee of the county court, be admitted in the discretion of said court as an attorney thereof; and if he be an attorney of the highest court of law in the country from which he comes, he may, after such term of study and upon like examination and recommendation of such committee, be admitted in the discretion of the supreme court as an attorney of the same.

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It is ordered, that the foregoing RULES be established in lieu of all former rules upon the same subject, (which are hereby rescinded,) and they are hereby adopted and published as the rules to govern the county and supreme courts in the admission of attorneys to the same.

CH. K. WILLIAMS, Chief Justice.

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if he has been committed, may discharge
him from the commitment, if he acts as
a man of common prudence would do
from the apparent circumstances of the
debtor. Hopkins v. Willard & Poland,
474

2. Whether such amendment might not be
allowed upon payment of costs and dis-
charging bail and attachment taken up-
on the original writ; Quare.
Id.
3. It is not error for a court to refuse an
amendment, where, by the rules of law,
they might have granted it. Probate 3. There is combined in the character of
Court v. Hall et al.,
159 attorney that of agent, to some extent. Id.
4. Though an attorney may have a lien for
costs, &c., which the court, after notice,
might protect, yet, when he sues his cli-
ent, and obtains judgment there for and
assigns the judgment, the lien does not
attach to the claim in the hands of the
assignee. Beech v. Canaan,
485

APPEAL.

1. Where a person was summoned as trustee
in a justice's court, in a suit not appeal-
able by the principal debtor, and the trus-
tee was made chargeable and appealed
to the county court, the appeal, on mo-
tion, was dismissed,-the trustee having
no right to an appeal. Earl v. Leland
& trustee,
328
2. Where a party, intending to take an ap
peal from a decree of the chancellor at
the term when it was made, neglected to
do so, and, at the next term thereafter,
the chancellor allowed the appeal, it was
held that the appeal was irregularly taken
and it was therefore dismissed. Gove v.
Dyke et al.,

ASSIGNMENT.

561

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2. An action of assumpsit will not lie upon
the judgment of another of the American
states. The declaration must be in debt,
counting upon the judgment as a record.

AUDITA QUERELA.

1. If an action be brought against several
defendants, one of whom is an infant,
and the case is tried without the appear-
ance of any guardian for the infant, and
appealed to the county court, and judg-
ment there affirmed, in the same manner,
and execution issued, it affords no ground
of audita querela. Chase v. Scott, 77
2. The appropriate remedy in such case is
by writ of error.
Id.

3. Where the complaint, in an audita que-
rela, is traversed, and a verdict found for
the complainant, the court cannot render
judgment for the defendant, notwith-
standing the verdict. French v. Steele,

4.

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479

In such case, if the complaint is defect-
ive, a motion in arrest should be made to
Id.
test its sufficiency.
5. Semble. Such motion should be made
in the county court, and cannot be enter-
tained in the supreme court.

B

BOOK ACCOUNT.

Id.

Boston India Rubber Factory v. Hoit, 921. In an action of book account, if the debit

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side of the plaintinff's book is less than
$100, and he sue before a justice, and
the debit side of the defendant's book is
more than $100, the latter cannot bring
it in before the justice by way of offset.
Temple v. Bradley,

254

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