
    Hart against Storey.
    The insolvency of the de. fendant is a, sufficient excuse for not proceeding to trial pursuant to a notice, and tile plaintiff may discontinue without costs.
    RIKER moved for judgment as in case of a nonsuit against the plaintiff, for not proceeding to trial at the last sittings in the city of New-Tork, pursuant to the notice given in this cause.
    
      Emott contra,
    read an aEdavit, stating the insolvency of the defendant, xvho had been discharged under the insolvent act.
   Per curiam.

The plaintiff may discontinue without costs.

Rule refused.  