“This was an action of debt brought upon the bail bond given for the appearance of Oppenheimer, and assigned by the marshal to the plaintiff. See ante, 333. The defendants plead comperuit ad diem. Replication, nul tiel record. The cause was now called for trial before the court, to inspect the record when it was objected by the defendants’ counsel that the cause is not at issue, there being no rejoinder, and the replication giving no day to the defendant to bring the record in. The plaintiff insisted, that the cause was at issue, and referred to the following cases. 2 Selw. 515. 1 Saund. 92, note. L. Raym. 550. Carth. 517. 2 B. & P. 303.”