
    *Crygier against Long.
    
    Where the defendant was sued on a nóte before it was due, and' put in bail' and pleaded in chief, it was. held, that it was too "late afterwards, to make the objection. ’
    This was an action of assumpsit on a promissory, note. The defendant was arrested on the 20th of August, 1799, by virtue of a capias ad respondendum, tested in July term, and returnable in October .term. The note on which the , suit was commenced, did not become diie until the 21st of-August, and Was payable on the 12th. .
    
      A verdict was taken for the plaintiff, subject to a case con taining the above facts.
    
      Hawes, for the defendant.
    
      Hvertsoiij contra.
    
      
      
         S. C., C. C. 103.
    
   Per Curiam.

If a person be arrested before the debt is due, he should apply, in the first instance, to the court, or to a judge at his chambers, to be discharged, and not put in bail and plead to the action, The defendant, in this case, having filed bail, and pleaded in chief, comes too late to make this applicationt

Rule refused. 
      
       Gra. Prac. 2d ed. 159.
     