The court held the case under advisement two or three days,-when they *196gave their decision by" Jewett, Chief Judge, stating that the proper remedy of the Defendant in error, was by demurrer; there was no practice or authority to authorize a replication to be stricken out as frivolous or inappropriate, unless it was evident that it was an insult to the court, or an improper paper to be on file; in such case the court would order it to be taken from the files. Motion denied with costs.