Joseph Story

“ Whether the rule moved for by Mr Ingersoll and Mr Sergeant, on the 14th day of November 1835, in the following words: 'Mr Sergeant, for John Aspden of Lancashire, moves for a rule on Mrs Poole, and Mrs Jones, and on John A. Brown, administrator of John Aspden of London, to show cause why they should not be required to elect on which petition or bill they will proceed; and to abide by the election and abandon the other: Mr J. R. Ingersoll, for the executor Mr Nixon, makes the same motion as Mr Sergeant:' ought to to be granted? ”

“ But it is to be understood, that in the present case this general discretion is subject to the former order of this court in regard to the making of parties, and other proceedings contained in the mandate, when the cause was remanded at the last January term of this court. It is therefore ordered and adjudged that this opinion be certified to the said circuit court ”