
    Thompson v. Wells and Nicholls.
    If the defendant in replevin does not appear at the return term of the writ, the action is discontinued, and the Court will not, at a subsequent term, reinstate it, upon affidavit that the defendant requested an attorney to enter an appearance for him, * and supposed it had been done.
    Replevin. The action was discontinued by the non-appearance of the defendant at the last term.
    
      Mr. Key, for the defendant,
    now moved to reinstate it on the docket, upon affidavit of the defendant, Wells, that on the first day of the last term he requested Mr. Key to enter an appearance for him, and supposed it had been done.
   Mr. Key afterwards withdrew his motion, being satisfied that the practice of this Court was against him.  