
    Hoar against Mulvey.
    Saturday, March 15th.
    The affidavit of a party may lay a ground for a rule to shew cause, but it cannot be heard upon the argument on the rule.
    DUPONGEAU upon a former day obtained a rule upon the plaintift to shew cause why there should not be a new trial; and upon the argument, he now offered to the court the same affidavit of the defendant upon which he obtained th~ rule.
    S. Levy for the plaintiff
    opposed it as being contrary tp the invariable practice of the court.
   Per Curiam.

The affidavit of the party is frequently used. w lay a foundation for a rule to shew cause; bu~ it has uni* formly been the practice of the court, to refuse hearing it upon the argument on that rule. He must produce, proofs from a different quarter.  