By the Court,
Sutherland, J.The question presented is, whether the practice adopted by this court, as to frivolous demurrers and frivolous bills of exceptions, shall be extended to this case. No good reason is perceived why it should not. The plea of nv.l tiel corporation has been adjudged to be bad on demurrer, (19 Johns. R. 300,) inasmuch as the plaintiffs, on the general issue, are bound to prove the existence of the corporation, or be nonsuited.
Judgment for the plaintiffs.