
    Lawrence against Bowne.
    Where an action was commenced before the debt was due, and an 'inquest was taken by default, the court refused to set aside the verdict, as the defendant admitted the debt to be due, at the time of making the application to set aside the verdict.
    Woods, for the defendant, moved to set aside the verdict in this cause. At the last circuit in New York, an inquest was taken by default, in the absence of the defendant’s attorney. The plaintiff, by his affidavit, staled that the debt was not due when the suit was commenced ; though it was now due.
    
      B. Livingston, contra.
   Per Curiam.

This application is too late. There would be no use in setting aside the verdict, when the defendant admits the debt to be due. There is not an affidavit of a defence on the merits. The case of Crygier v. Lang, (1 Johns. Gas. 393,) is in point.

Rule refused.  