
    Case No. 17,910.
    WISE v. GROVERMAN.
    [1 Cranch, C. C. 418.] 1
    Circuit Court, District of Columbia.
    July Term, 1807.
    Right to Continuance.
    If, after a plea of nil debet, by the appearance-bail, the principal comes in and gives special bail, and pleads the same plea, the plaintiff is entitled to a continuance of course.
    There had been a plea of “owe nothing,” by the appearance-bail and issue. The principal defendant now came in, and gave special bail, and pleaded the same plea, “owe nothing.”
    Mr. Jones, for plaintiff,
    contended for a continuance, as a matter of course.
    Mr. Youngs, for defendant,
    cited the case of Alexander v. Patten [Case No. 171], where the court refused a continuance to the defendant, on account of the appearance of the administrator of the plaintiff.
   But

THE COURT

thought the plaintiff entitled to a continuance of course, in the same manner as on setting aside a writ of inquiry, it being the default of the defendant that he did not appear before. Continued.

DUCKETT, Circuit Judge, absent.  