anson versus jefferson c b a attorney appear on the face of the entry to have  cast a essoin for a defendant it be void a attorney may essoin but if see in  court he can this be a plaint in replevin levy in the county court of Norfolk  which wag remove by the plaintiff into the c b by a to think over facias  speech returnable on the morrow of the purification of the bless mary the  plaintiff sue out a pone to compel the defendant to enter his appearance but  instead of appear he by attorney cast a essoin which be enter with the clerk  of the essoins in the follow word videlicet on the morrow of the purification  of the bless mary Norfolk essoin for John Jefferson at the suit of anson by  Henzell and lodge and the defendant attorney Mr lodge enter a rule that unless  the plaintiff shall adjourn the essoin a non pro will be sign the plaintiff do  not adjourn the essoin so a non pro be sign upon show cause why the essoin and  the non pro shall not be set aside it appear upon affidavit that Henzell and  lodge be agent or atorneys for the defendant and have enter or cast the essoin  and therefore it be insist that the defendant be in court by his attorney and  it will be absurd to say a man can essoin when be real appear by attorney or  that the have a legal excuse for not appear when it be plain the have act in  the cause by big attorney it be also say that no essoin lie in personal action  Symonds v mayor of totness sir geo cook case of practice in the case of  Barclay v earl b r stram the defendant be sue by original and arrest on a  special capias cast a essoin and for want of the plaintiff adjourn it sign a  non pro the court declare there be not colour for the essoin and though the  plaintiff have proceed to judgement after he be non prosed for not adjourn the  essoin yet the court will not set aside the judgement notwithstanding it be  allege that the plaintiff be out of court as the non pro have never be set  aside Pratt Lord chief justice I can say that essoins may not be allow in  personal action because coke in Inst on the stat of marlbridge foe say that  essoins be allow in personal action but this be a very obsolete practice and a  great abuse of the law as it be a unnecessary delay of justice and if the  practice be to be revive it will be necessary to make a new order of court  Wilson king bench Bathurst I by the statute of essoins Edward sect a essoin  lie not where the party have a attorney in his suit and by sect a essoin lie  not where the party be see in court a essoin lie for a attorney though he be a  officer of the court but if he be see in court he can essoin as be the case of  Mr George Wheeler who be secondary to prothonotary John Borrett Esq and a  attorney and attend the hold the essoin upon the essoinday of the same term  wherein be essoined Lord chief justice it be say the pone be a summons and  therefore the defendant may well essoin but it be not so it be only a prefix  of the day for the defendant to appear at Westminster here be a attorney  appear to have enter the essoin and therefore it be void and must be set aside  and all proceed thereon trinity term geo III