¶1By the Court,
¶2The plea is unquestionably bad, but we feel reluctant to give judgment for the plaintiff non obstante veredicto. The presumption is that the discharge was granted by the proper officer; and on application, the defendant would have been permitted to amend. We accordingly suspend giving judgment, so that the defendant may apply to amend his plea, which motion will he granted by us on payment of all costs, and saving all the legal rights of the plaintiff.