said, in substance, that the Court were of opinion that Mr. Peabody must be considered as the indorser, and so not a competent witness. The statute says, that the plaintiff’s agent or attorney, who shall indorse his name upon an original writ, shall be liable in case of the avoidance or inability of the plaintiff to pay the defendant such costs as he shall recover ;1 and as agent or attorney, we think Mr. Peabody would be liable.2 It would be an induce
JVeio trial granted.
1.
See the provisions made concerning the indorsement of write, in Revised Stat, c, 90, § 10 to 13.
2.
See Davis v. M'Arthur, 3 Greenl. 27; How v. Codman, 4 Greenl. 79; Harmon v. Watson, 8 Greenl. 286.