
    Collins against Evans.
    ALBANY,
    August, 1810.
    Though tho fZsoiveut1 be'“showed "to discontinue his suit, without coats, unless the defendant has obtained his discharge, under tlieli-EoH'rat, set.
    H. BLEECKER, for the defendant, moved for judgment, as in case of nonsuit, for not proceeding to trial, ‘ according to the practice of the court.
    
      Rodman,
    contra, objected, because the plaintiff's attor~ ney, before the last circuit, gave uQtice to the defendant's attorney, that the defendant was totally insolvent, anã asked leave to discontinue without costs.
    It did not appear, that the insolvent had been discharged under the insolvent act.
   Per Curiam.

We have not allowed the plaintiff to discontinue, without costs, in case of the insolvency of the defendant, unless the defendant had obtained his discharge, under the insolvent act.

Rule granted. 
      
       See Hart v. Stoi'ey, (t Johns. Rep. 143.) Merchants’ Rank v. Moore, N (2 Johns. Hep. 294.)
     