
    Germain against Dakin.
    In assumpsit, and plea of the general issue, with a discharge under the act to abolish imprisonment for debt, &c. issue and trial on. both pleas, verdict for plaintiff on first, and for defendant on second plea ; judgment was ordered for the defendant for the costs of the second plea, and trying the issue thereon.
    Assumpsit. Plea, the general issue, and a discharge, under the act of 7th April, 1819, “ to abolish imprisonment for debt in certain cases.” (Vid. sess. 42, ch. 101.) The plaintiff took an issue on the second plea, and tried the cause at the Columbia Circuit, {June, 1823) when a verdict was found for the plaintiff on the first, and for the defendant on the second plea.
    
      Jf. P. Tallmadge, moved,
    that judgment be entered for -the defendant, for the costs of the second plea, and trjdng the issue thereon.
    
      Bushnell, contra.
   Curia.

We grant the rule.

Motion granted.  