
    The President, Directors, and Company of the Eagle Bank of New Haven against Holley and Holley.
    ALBANY,
    Oct. 1827.
    S.P. Connsentían! feting an inquest against them, on the they”mpposed the circuit iran^affidavitTof merits, allowed as a ground for setting the or^payment of ail costs.
    This cause was called for trial on the 22d of October and an inquest taken against the defendants by de - fault, at the circuit mentioned in the last cause. The senior ■ . , . counsel was, at the same time, absent, being engaged m e(luity court for the 1st circuit; and declined to appear in this cause, for the reason that he supposed the law circuit irregular. The junior counsel also declining to appear for the ganxe reason, the default passed. There was now * an affidavit of merits on the part of the defendants, upon which, in addition to the grounds of irregularity stated 'n the last cause,
    *J. V. Henry,
    now moved to set aside the inquest
    
      W. S. Johnson, contra.
   Curia.

The counsel were mistaken; but here was no appearance at the trial; and we are inclined to relieve them.; (there being an affidavit of merits,) on payment qf all the costs.

Eule accordingly.  