Polk v. Mitchell ( 1834 )

The court ordered a copy to be furnished the def’dt. at his own expense, and said they would stay proceedings in the cause, until it was made out, or otherwise compel the plff. to furnish it. The deft, must necessarily have a copy, to enable him to plead; for if he sets the bond out in his plea, he must do so correctly, or the plff. may pray an enrolment and demur. The present prayer for an enrolment, does not come at a proper time, nor from the proper party; but the court will direct a copy to be given, which is all the „ def’dt. needs to enable him to plead. He may then place the bond on record or not, as he pleases.

Wootten, for plaintiff. Layton, for defendant.