
    Brown versus Seymour, Principal, and Jones, Trustee.
    A rule of the bar, that a plaintiff may file his declaration on the first day of the term, does not apply where the defendant has no counsel.
    In a foreign attachment, where the action was dismissed for want of a declaration, the trustee was allowed his costs.
    The principal defendant never appeared ; and the action was brought up by Jones, who made his answer in the court below, and was there adjudged trustee.
    
      Dwight and Whiting, counsel for the plaintiff,
    now moved for leave to file a declaration, and alleged that by the bar rules of this county a declaration may be filed on the first day of the term at which the wrk is returnable, but that by accident none had been filed in the present case. [Parker C. J. The bar rule cannot apply where the defendant has no counsel.]
    
      Jones, pro se.
    
   The Court dismissed the action for want of a declaration, and allowed the trustee his costs. 
      
       See Brigham v. Este, 2 Pick. 420; Rathbone v. Rathbone, 4 Pick. 89.
     