Phillips v. Oliver

Tilghman C. J.

It is now made a question, whether the plaintiff, by his proceedings under the rule of reférence, did not dispense with the entry of special bail. I should hardly have supposed, that such a question would have been made after the case of Moulson v. Reese, 6 Binn. 32, in which, I think, the point was decided. We have not been quite as strict here as in England, with respect to an implied waver of special bail. We have not considered the bare filing of a declaration as a waver, though it was not filed de bene esse. This was decided in Caton v. M'Carty, 2 Dall. 141, where the…