Mr. Cowen : Your honor, 6360. I want to move the court for a default in that ease for want of a plea and affidavit of merits. It is an action of trover.

Gary, J.:

There is no affidavit of merits wanted in an action of trover. The statute don’t require it.

Mr. Cowen: Yes, but there is a contract there your honor.

Gary, J.: That don’t matter. An action of trover can’t be based upon a contract for the payment of money. There is nothing in that. Motion overruled.