Ochus v. Sheldon, Hoyt & Co.

The record before us shows the following state of case : At the fall term of the Circuit Court, holden in and for the county of Columbia, the counsel for the appellees, who were plaintiffs in the court below, obtained leave to file a praecipe, summons and declaration in the case, under and by virtue of an agreement endorsed upon the declaration, in the following words, viz: “ I waive praecipe and summons and

acknowledge service, and agree that the fall term of this court for 1867 shall be the judgment term.

• “Signed, A. A. OCHUS.

“ April 19th, 1867.”

On the same day, to-wit, on the 23d day of…