
    *Post against Van Dine.
    
    Where- the defendant tendered the" money during court, having put. in bail, which was -excepted to, and the plaintiff did not ask for. a trial, the court refused to fix the sheriff by an attachment.
    - The capias in this cause was returnable at the last April term. The declaration was filed de bene esse, on the 6th of May. On the 11th of June the plaintiff received notice of special bail, and on the 13th excepted to the bail. The rule for bringing in the- body of the defendant having expired on the 11th of July, the .plaintiff refused tó accept of additional bail, unless they would justify. On the same day notice of second bail was given to the-plaintiff, and an offer"Was made •by the defendant to' deposit a sum of money, to the - full amount, as security.. Two persons were then put in as.bail, with a notice of justification on the 19th of July, but they now justified' in open court. The defendant also made an affidavit of merits.
    A motion was now made,, in behalf of the plaintiff, for an attachment against the sheriff, on the ground, that where á trial is lost, an attachment will be issued to stand- as security. (1 Sellon, 214. 4 Term Rep. -352.)
    
      Eacker, for the plaintiff.
    
      Walton, for the defendant.
    
      
       S. C., C. C. 106.
    
   Per Curiam.

There was no time at the last circuit to . try a junior cause, so that,, in truth, no trial has been lost. The defendants having sworn to merits, and as he tendered, on the 11th of July, the full amount in money as security, which was refused, and as bail has since justified, we think the motion ought to be denied, but -on payment by the sheriff of the costs of the rule to show cause, and of this motion..

Ride refused. 
      
       See Gra. Prac. 2d edit. 165-167.
     