
    Van Vechten against Hopkins.
    A struck jury was denied m an action for a libel, by a per recorder of* Member of the assembly, as pear that the libel was con.— •cerning* his official character.
    HENRY, in behalf of the plaintiff, moved for a struck ^ - jury in this cause. He read an affidavit, which stated, that at the time of the publishing the libel for which the present action was brought, the plaintiff was,, and now is recorder of the city of Albany, and is also a member of the-assembly, and was a member in 1806, the period referred to in the libeL
    
      Chaplin, contra.
   Per Curiam.

In the case of Foot v. Croswell, the Court denied a similar motion, and the ground principal-Jy relied on, was, that it was not shown that the libel was', against the plaintiff in his official character,

Rule refused. 
      
       1 Caines, 468.
     
      
      
         1 Johnson,51.
      
     
      
      ) See. 4 John. Rep. 591. also, id. 186.
     