Newbern,

March Term, 1792.

#### HENRY versus SMITH.

HENRY had sued Smith in the County Court of Craven. Smith neglected giving bail, and was committed.

Woods, for the defendant,

moved to have him brought into court, suggesting that he was a minor, and that the property for which her was sued had not been delivered to him.—Which,

The Court,

Spencer, J. and M'Coy, J.

granted.

Whereupon he appeared—and the Court, not being satisfied by inspection that he was a minor, a witness was sworn, and deposed that the defendant was a minor of about the age of seventeen.

And he was, on Woods' motion, discharged.