
    Barheydt, impleaded, &c. ads. Haverly.
    Notice ofspecial matter cannot be given with plea of so¡ agZ available.
    This was an action of debt on judgment. The defendant plead mil tiel record, and gave notice with the plea of special 1 . ., , . , „ , matter intended to be given m evidence on tbe trial or the cause. The plaintiff noticed the cause for trial, by record, at the present term, and tbe defendant applied to the court to postpone the trial, and to direct the cause to be tried at the circuit.
    
      S. W. Jones, for defendant.
    
      Jl. C. Paige, for plaintiff
   By the Court,

Sutherland, J.

Notice of special matter cannot be given with the plea of nul tiel record-. (13 Johns. R. 329.) Such notice only can accompany a plea, which presents an issue to be tried by a jury. The motion is denied with costs. - The defendant, however, is permitted to withdraw his plea of nul tiel record, and to plead anew.  