
    Archibald Stewart agt. John McMartin, Impleaded, &c.
    A defendant who moves for leave to plead his bankrupt discharge must swear to merits, in addition to setting forth his discharge.
    
      December Term, 1845.
    Motion by defendant McMartin, for leave to plead his bankrupt discharge.
    This suit was commenced some year and a half after defendant McMartin had been discharged from his debts under the bankrupt law; on a note given by him previous to the application for his discharge. McMartin alleged he was ignorant of legal proceedings and when the *declaration ,was served on him, he did not trouble himself about it, supposing that his bankrupt’s discharge which he had was a protection to him against any judgment, without any thing being done on his part, and did not consult any counsel on the subject, until a creditor’s bill was served upon him, and alleged that the plaintiff and his attorneys well knew that he had been discharged. McMartin did not swear to merits on the motion; he set forth a copy of the discharge.
    A. Taber, defendant's counsel.
    
    Corey & Vanderveer, defendants attorneys.
    
    1ST. Hill, Jr., plaintiff's counsel.
    
    Bedding- & Cochrane, plaintiff's attorneys.
    
   Jewett, Justice.

Denied the motion with costs without prejudice, on the ground that the defendant had not made an affidavit of merits.  