#### House vs. Bryant.

VTÁYWOOD then stated, that in this suit be had been retain-ML ed prior to the last term, by defendant, and had forgotten it, and suffered judgment by default at the last term: Since which, discovering his mistake, he had determined to move for leave to plead — but before he had done so, the jury had been empan-nciled in the cause ; and it had not occurred to him that this was the cause he intended to move in, until after some evidence had been given to the jury. He further stated, that from the communications made to him by the defendant, he probably had a tide to the Negro.

Locke, Judge.

I cannot set aside the verdict on these factSo

Motion refused.