
    CUTLER AND AL. v. DAY.
    Matter of practice.
    
      0. S. Hoisted,
    
    moved for leave to plead the defendant’s discharge as an insolvent debtor, since the last continuance.
    
      A. Whitehead contra.
    
    There is no evidence before the Court of the defendant’s discharge, and if there was, he is now too late : his time for pleading was out, before he obtained his discharge, if he has got one, and the plaintiff is entitled to judgment by default.
   Per Curiam.

The defendant it is true, was in default before his discharge ; but then he had no defence. This is the first opportunity he has had to apply for leave to plead, since he had any matter to present in bar of his imprisonment at the suit of the plaintiff in this action. Let him file his plea, sedente curia.  