Ex parte Lee

said it was a question of practice-; and requested information as to the practice in the courts of Virginia. Mr. R. J. Taylor said the practice was as stated by Mr. Lee. Precedents were also produced in the time of Colonel Deneale ; and on this day, (3d May, 1832,) a letter from Mr. Phillips, the clerk of the Court at Fauquier, in Virginia, was produced, confirming Mr. Lee's statement of the practice.

The Court (Thrüston, J., absent,) decided the point in favor of the clerk.