
    Scott and Combes against Israel.
    Philadelphia, Tuesday, December 19.
    in ERROR.
    REPLEVIN by Israel the plaintiff below for a sow and seven pigs. The cause went to trial m the Common Pleas of Philadelphia county upon the issue of property, and the jury found for the plaintiff. The material error now assigned was, that one of the defendants, Combes, had not been summoned, and in fact never appeared or pleaded; but Armstrong, an attorney of the Common Pleas, entered his name on the docquet opposite the names of both defendants, and put in the plea of property in the short way.
    
      A general apattorney oppodants, is a good ^^although one has not beep summoned.
    
      
      Brown and MtKean for plaintiffs in error.
    
      Phillips for defeñdant in error.
   Per Curiam.

We have no doubt in this case. The attorney having marked his name generally, and in no part of the record having declared that he appeared for one in particular, must be presumed to have appeared for both; and the plea entered in this short way, must be referred to the appearance, and be considered as a plea for both. As to the defendant’s being summoned, it is not material, he may appear without summons.

Judgment affirmed.  