
    *Baley against Warden.
    The plaintiff brought slander in the Steuben 0. P. against the defendant, and removed out of this state. TIlq defendant removed the cause to this court by habeas corpus ; and a verdict and judgment passed for him. The plaintiff being all this time a non-resident of the state, and having given no. security for costs.
    A motion was now made for a rule upon his attornev, r J ’ to pay the costs under the 14th general rule of this court of January term, 1799; or that they be set off against another judgment of the plaintiff against the defendant; and one question was, whether the suit, being upon habeas, corpus, is within that rule.
    A cause removed to the from^the a™, 4ithin°the. uth general ry term, im, Provi,din£ that the attorney of a non-resident be^iiabie^for decurity be not given for costa before suit brought,.
    
      Howell, for the motion.
    
      W. Woods, contra.
   Curia.

There is no doubt that this case comes within the 14th rule of January term, 1799. The suit was for this purpose an original cause, though it came here upon habeas, corpus.

Motion granted.  