
    Solomon M. Pike vs. John H. Power.
    Where a motion is denied, and no leave given to renew, the motion can not be made again without first obtaining such leave.
    
      Motion by plaintiff to set aside default, <Src., entered against him by defendant for irregularity.—A preliminary objection was taken by defendant to this motion on the following ground, to wit: “ That a motion was made at the last December special term in this cause, of the same purport and of a like nature as this motion, and denied with costs, without prejudice, and the costs on denying said motion, were not then paid. At the February special term, a similar motion was made, and none of the facts on which said motion was founded were denied by defendant; the last motion was denied with costs, and was heard on the merits, and the costs on such denial had not then been paid.
    J. H. Stewart, Riffs Atty. J. H. Power, Befos Atty.
    
   Bronson, Chief Justice.

Denied the motion with costs, on the ground that no leave was granted to renew the motion. See 5 Hill, 493.  