
    Butler against Kelsey.
    NEW YORK,
    October, 1817.
    A defendant »i?ho attends -tvithhjs ses before a sheeMcuti“gtiCa°f te"enthi¡d9tohw pSti/rif silt ed wutT’not executed.
    THIS was- an action of slander, in which there was a default , _ for want of a plea; and the plaintiff gave notice ot e e ' r ° execut*mg a writ of inquiry of damages, before the sheriff; and die defendant attended at the time and place appointed, pursuant t0 the notice, with his witnesses. After waiting a considerable time, the plaintiff did not appear or proceed in the inquiry, and the sheriff told the defendant, that the writ would not be executed.
    
      Bloom now moved, that the plaintiff pay to the defendant his costs of attending before the sheriff, pursuant to the notice, and the costs of this application.
    P. Ruggles, contra.
   Per Curiam.

Rule granted.  