Where the appellee had died after the commencement of the term,
and the Court, not knowing his decease, had decided upon the case
after argument, the Court ordered the decree to be entered as of
the first day of the term.
In this case, which had been argued on a previous day of the
term, and the opinion of the Court delivered in favor of the
appellants, see ante,
page 27 U. S. 331
Bibb having informed the Court that the defendant, Weisiger, had
died since the commencement of the term, stated that he had been of
counsel with the respondent, but he considered that his authority
had expired by his death. He objected to the entry of a decree.
Mr. Sergeant, for the complainants, moved the court to cause the
decree to be entered of a day in the term before the respondent's
death, and he cited Davis v. Davis,
9 Ves. 461;
Campbell v. Mesier,
4 Johns.C.R. 342; Asburnham v.
cited 2 Mad.C.P. 529, as fully establishing the
practice according to his motion.
The Court ordered the decree to be entered as of the first day
of the term.