“This case came before the court upon, a rule to show cause, why the judgment against Sullivan should not be set side. The facts of the case are the following: In the year 1800, an amicable action of account render, was entered in this court by the plaintiff, against the defendants. The agreement on the part of the defendants was signed by Strawbridge, and a judgment quod computent was entered on the 21st of October, in the same year. The declaration states the plaintiff to be a citizen of Georgia, Strawbridge a citizen of Pennsylvania, and Sullivan a citizen of Massachusetts. A general appearance was entered; but the attorney marked upon the record made an affidavit that he was never employed by Mr Sullivan, and that he did not appear for him, and that his name was marked as the attorney on record by Strawbridge; he, the attorney, not having been then admitted as such in this court.”