
    The People against Marsh, Sheriff of Onondaga.
    
    origina/pi^.tiff is a nonresident of this state, his attorpay ‘the^costs of setting aside an attachment for irregularity, granted against the sheriff for not bringing in the body. The people are merely a nominal party, and the case is within the spirit of the 13th rule of January term, 1799.
    
      October term, 1823, an attachment was granted against the defendant for not bringing in the bodies of Wallace and n T , , , . , , , , Baker, m a cause at the suit of Butterfield, which, at the last February term, was set aside as irregular, with costs. The plaintiff, Butterfield, being a non-resident of the state,
    
      John Porter,
    
    now moved for a rule requiring his attorniesto pay the costs, within the 13tli general rule of January term,1799.
    
      J. Platt, contra,
    
    said the application certainly does not come within the terms of that rule. The plaintiffs in this suit are not non-residents.
   Curia.

True, but the people are a nominal party. The suit is really in favor of Butterfield: and the defendant comes-within the spirit of the rule.

Motion granted.  