Comply's Administrator v. Browne's Executors

5 S.C.L. 240

Opinion

An action had been brought against the executors of Daniel Browne, an attorney, for monies collected by him. An agreement afterwards took place between the attorneys, and certain papers in-defendant’s possession were delivered to the plaintiffs, in consideration of the suit being dropped. The case, however, remained on' the docket, and was called for trial, and the defendant, not being prepared, the plaintiff recovered a large sum of money.

New trial granted.