M'Farland v. Holmes

The opinion of the Court was delivered by

Tilghman C. J.

This case comes before us on a motion by the plaintiff’s attorney, to strike out the special bail entered by the defendant. The original writ was returnable to July, 1817, and on the 5th April, 1818, the defendant entered special bail, without the consent of the plaintiff’s attorney, who brought suit on the bail bond, to July, 1818. Upon looking into precedents, I find the rule of this Court to be, that where special bail has been delayed until the plaintiff has lost the opportunity of trying his cause, as soon as he might have done, if…