Hausenfrats v. Graves

Headnote

MOTION on the part of defendant, to fefc a fide a default on affidavit, ftating that the declaration was filed the 28th of January, and ferv-ed by being put up in the clerk’s office ; that the default was entered on the 19th of February, at the expiration of the twenty-day Rule, no attorney having been then employed.

It was now contended, that as no attorney was

employed by the defendant, the declaration ihould have been put up in the office forty days before default entered, according to the 8th Rule of January Term, 1799.