
    A. Ogden adsm. J. G. Hughes.
    Attorney disarre^on™”1 common ba ^
    THIS cause was commenced by capias ad respondendum, served on defendant, one of the attorneys and counsellors of this court.
    
      Scudder moved,
    that appearance be effected by filing common bail.
    
      
      Halsey objected,
    that defendant had not acted as attorwithin a year, except in the United States’ courts. If he was incumbent on him to prove the fact, to free himself.
    
      
      
        See Rules of Supreme Court 9. Anonymous, Spen. 494.
    
   Court.

He is both attorney and counsellor, and of long standing; and if he continues to act in either capacity, it is sufficient to retain the privilege; unless taken away, by a rule of-court, upon proper application therefor. The privilege having attached to him, there must be. something to destroy it.

Let common bail be filed.  