Majority
p. 89La Farge vs. Carrier & Fuller.
Headnote
An insolvent táined^dúríng term, (i7th (5th June) the delay not sonable ""and may bereceived without being verified, in the discretion of the judge,Motion to set aside a plea. The defendants, on the 17th day of May, during the last term, severally obtained discharges as insolvent debtors. The cause was noticed for trial, and on the first day of the circuit, (5th June,) the defendants. plead their discharges, puis darrein continuance, without verifying the plea by affidavit. The plaintiff objected that the plea came too late, and, at all events, that it should be verified. The circuit judge received the plea, and a motion is , 1 now made to set it aside, for the above causes,
I. Clarke, for plaintiff.
G. C. ¡Sherman, for defendants.
By the Court,
The plea was put in in season. There was no unreasonable delay. (2 Johns. R. 294.) The judge at the circuit had a discretion to receive the plea, without its being verified by affidavit, if he had reason to believe it was true. (9 Johns. R. 251.)
Motion denied.