
    Gardner v. Lindo.
    Bail.
    
      Mr. Law, for the defendant,
    moved to appear without bail on the ground that a suit had been before brought upon the same cause of action, appearing upon affidavit, which suit had been decided by the Supreme Court of the United States in his favor, but not on the merits.
   The Court

(Fitzhugh, J., absent,)

overruled the motion.  