
    Steinbach and others against Hallett.
    Where it appears that the defendant was in prison, and notoriously a bankrupt, the court will not give judgment as in case of nonsuit for not proceeding to trial, according to notice, nor will they oblige the plaintiff to stipulate.
    RIGGS for the defendant, 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 notice given.
    Radcliff, for the plaintiff,
    read an affidavit stating that the defendant was in prison, and notoriously a bankrupt.
   Per Curiam.

The plaintiff need not stipulate.

Rule refused.  