The Chief Justice granted the motion, observing that the point had been frequently decided.
Rule accordingly.(a)
See Heaton v. Bartlett, (13 Wend. 672;) Melville v. Hazlitt, (id. 680;) Rules of Sup. Court, 1837, No. 86; Rules of Sup. Court, 1845, No. 87; Maury v. Van Arnum, (1 Hill, 370;) Lowry v. Hall, (id. 663;) Fisher v. Pond, (id. 672.)