M‘Cullum verſus Coxe.
T
he jury were at the bar to try the iſſue in this caſe, when Levy moved to diſcontinue, in conſequence of a power of attorney granted by the plaintiff for that purpoſe. But it was oppoſed by Ingerſolt in behalf of General Forman, to whom, for a valuable 1785.
confideration, the Plaintiff had affigned the debt, and the defendant had undertaken to pay it to him accordingly.
Thefe facts being made to appear, the court faid they would not allow any collufive fettlement between the original parties, in affect General Foremen's bona ʃide affignment, and ordered the jury to be fworn. And M‘KEAN, Chieƒ Juʃtice, obferved, that where as action was brought under fuch circumftances, it ought to be mentioned upon the docket for whole ufe ; a practice which had always prevailed when he was at the bar.