
    Lisher against Pierson.
    The defendant pleaded several special pleas, to all which' plaintiff replied. To two of the replications the de*®ndant demurred, and to the others rejoined. The plaintiff joined in demurrer, and demurred to two of the rejoinders, surrejoining to the others. The defendant joined in demurrer,
    It was now submitted which party ought to make up the demurrer books.
    Where each to some versaryhlS the one first demake-up the demurrer books.
    
      *J. A. Spencer, for the plaintiff.
    
      S. Beardsley, for the defendant.
   Curia.

It is quite immaterial which party it falls upon to make up the books; but the practice should be settled. We decide that in this and the like cases, the party first demurring, shall make up the books; which throws the duty, in the present instance, upon^the defendant.  