
    Noble against Johnson.
    ALBANY,
    August, 1812.
    The validity of a certificate of discharge, under the insolvent act, win not be tried by affidavit,on motion for the insolvent's discharge from custody % but the plaintiff to his ¿c" tion.
    H. BLEECKER, for the defendant, moved for the discharge of the defendant, who was in custody, having been surrendered by his bail, but had since obtained a certificate of discharge under the insolvent act.
    Paine, contra, objected that the certificate of discharge was ob-tamed by fraud, and offered affidavits.
   Per Curiam.

We will not try the validity of a discharge under the insolvent act, by affidavits. It was so decided, on several similar applications, at the last term. The plaintiff must resort to his action.

Rule granted.  