
    Joseph York versus Noah J. Noyes.
    
      Practice. — Where an appellant had failed by accident to enter his appeal at toe last term, the Court permitted him to enter it now as of that term, the appellee consenting, and the bail not being prejudiced, nor subsequent attachments affected thereby.
    The plaintiff, having regularly appealed from a judgment of the Common Pleas to this Court holden at Ipswich - on the fourth Tuesday of April last, had by some accident failed to enter his appeal. He now moves the Court that he may enter his appeal as of the last term, and that the cause may be brought forward to the docket of the present term, (the defendant here in Court consenting to it,) that he may not be driven to his petition provided by the first section of the statute of 1791, c. 17.
   The Court

granted the motion, observing that it might unqufes* tionably be done by consent, so as to bind the parties, but not to prejudice the bail, or affect t.he rights of subsequent attaching creditors.  