
    Power against Kent and Whaley.
    during the ab^“Jrneyf rep-of the office: And accordingiy, where, pri™ipaVs ab sence, he re-mended repiil cation> and a-An attorney’s clerk. resents him, as llary business gree¿ waive the formality of a, rule for such, amendment, it was holden binding up-the attorney.'
    In this cause, the plaintiff’s replication having been demurred to, he served an amended replication upon a clerk, in the office of the plaintiff’s attorney, the latter beney to give him an amended replication; and, after recei- . . 8 , , , , ,, r . AT , T ving it, told the latter that all was right. JNo rule to amend was entered, and the plaintiff’s attorney having taken an inquest upon the issue tendered by the replication, one question, upon moving to set aside this inquest, was, whether the clerk had power thus to waive this irregularity, in omiting, and having been, for some time before, absent. The clerk, during such absence, requested the plaintiff’s attorO •/ ting to enter a rule to amend, and to accept the replication without that formality.
    
      D. Woods, for the defendant.
    
      Slower, contra.
   Curia.

The clerk represents the attorney, during his absence, as to all the ordinary proceedings of the office, and was, consequently, authorized to make this arrangement.

Motion denied.  