Drake v. Hunt , 1 Cole. & Cai. Cas. 49 ( 1795 )

The court now gate their unanimous opinion, that the cause having been removed to this court without the agency or approbation of the plaintiff, he was not obliged to follow it, and could not be nonprossed for not declaring here, as he had never been in court; but that the defendant was not bound to accept a declaration after two terms had elapsed.