
    Ezra Brown, Executor, versus Timothy Swan.
    
      Practice. — The Court will not hear an argument on a motion for a new tr.al, unless the motion and reasons are filed in the case.
    This was an action of debt upon a judgment recovered by the plaintiff’s testator against the defendant for $50 and 32 cents damages, and $22 and 71 cents costs, at the term of this Court in Worcester, September, 1800.
    The defendant pleaded in bar that the executor had released. The plaintiff prayed oyer of the deed, which was as follows, viz., “ Feb. 17, 1801, Received of Timothy Swan eighty dollars in full of all debts, dues, and demands in favor of the estate of Isaac [ * 203 ] Brown, late of Mason, in the county * of Hillsborough, and state of New Hampshire, gentleman, deceased, against said Swan — Witness my hand and seal.
    (Signed) Ezra Brown, Adm’r. upon
    
      Isaac Brown's estate.”
    and pleaded non est factum.
    
    On the trial of the issue at a former term of the Court, the jury found that it was the deed of the plaintiff; and his counsel moved in arrest of judgment. Two exceptions were made to the plea— First, that a release could not be pleaded to an action of debt on a judgment, and, secondly, that the instrument pleaded in this case was not a release, being, at the most, only evidence of payment, and, therefore, the defendant should have pleaded payment, and relied upon the writing as evidence of that fact.
    The real object of the motion appeared to be to obtain an order-of Court for a repleader, that a new trial might be had; but as the reasons had not been filed in the case, the Court said they saw no reasons for a new trial, and ordered judgment to be entered for the defendant, according to the verdict.
    The Attorney-General and Fay for the plaintiff*.
    
      Ward and Z. B. Adams for the defendant.
   {Dana, C. J., Sedgwick, Sewall, and Thacher, justices, present.)  