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JAMES N. SMITH v. DAVID DUDLEY.

When, pending litigation, plaintiff is appointed guardian of defendant, the action will be dismissed.

PER CURIAM.

Much danger may arise from allowing such a practice. It is therefore ordered that unless the plaintiff shall, at or before the calling of the cause at the next term, show that he has resigned the said office, the bill shall be dismissed, with costs. Dismissed.

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SMITH v. DUDLEY
(Dec 1, 1829)