
    
      McRory against Vinzant.
    July, 1826.
   JUDGE Crenshaw.

The only matter relied on as Error in this case is, that the cause was discontinued.

The Record shews that after this Error intervened, both parties appeared and proceeded to trial. It has been settled by former decisions of this Court, that such appearance and subsequent proceedings cure the defect. It is the opinion of the majority of the Court that the judgment be affirmed.

Kennedy against Pickering, adm’r. ante, 137.  