
    *Ferris against Phelps.
    
    After special bail is put in, the plaintiff must except to the bail, and cannot proceed on the bail bond.
    Special bail was put in, in this cause, and the plaintiff neglected to enter any exception on the bail-piece,"but brought an action on the bail-bond.
    A motion was now made to set aside the judgment on the bail-bond, on the ground that the plaintiff, by not excepting to the special bail, was precluded from an action on the bail-bond.
    
      
       S. C., C. C. 95.
    
   Per Curiam.

The plaintiff ought to have excepted to the special bail. Take your rule.

Rule granted. 
      
      
        Caines v. Hunt, 8 Johns. R. 358. See also Gra. Prac. 2d edit. 171.
     