
    Hobby against Smith.
    A circuit judge cannot attorney r 811 And, there-papers^upon him, in a cause wherein, before his appointment, he was attorney, is irregular.
    S. H. Foot,
    moved for judgment as in case of nonsuit,
    J- A. Spencer,
    
    contra, objected, that notice of the motion had been served on the Hon. William Kelson, formerly attorney in the cause, since his appointment to the office f Circuit Judge. He cited Given v. Driggs.
    
    
      Foot.
    
    This does not prevent his practicing as attorney.
    
      
      
         3 Caines' Rep. 150.
    
   Curia.

It was held otherwise by the Court of Errors, at their last September term. They decided that a Circuit jucjge could not act as counsel in that Court.

Motion denied;  