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Barheydt, impleaded, &c. ads. Haverly
By the Court,
Sutherland, J.
Notice of special matter cannot be given with the plea of nul tiel record-. (13 Johns. R. 329.) Such notice only can accompany a plea, which presents an issue to be tried by a jury. The motion is denied with costs. - The defendant, however, is permitted to withdraw his plea of nul tiel record, and to plead anew.