
    M'ELWRATH vs. HACKET.
    This case stood on the trial docket, upon a writ of enquiry. The enquiry was set aside by consent, with a view to admit a plea to the merits.
    Whether oyer be demandable after writ of enquiry set aside by consent.
    Haywood for the defendant,
    stated, that he could not plead without a sight of the bond upon which the action was brought ; oyer, if the court conceived it, ought to be given.
   Overton, j.

The writ of enquiry having been set aside by consent, the defendant is entitled to oyer.

Powel, j. Dubitatur.  