
    Jackson, ex dem' Rosekrans, against Howd.
    ALBANY,
    August, 1805.
    Affidavit of service stating it from informa tion of a clerk who had indorsed the papers served, and had quitted the state, is good.
    
      THE affidavit of service was by the attorney on informa-don from his clerk that it had been duly made, according to an indorsement' on the notice produced, made by the clerk who had quilted this State, and gone into Connecticut, where he then was.
    Where an agreement entered into after notice of motion, does not reach the end of the application, it will not be construed to be a waiver of it; and if from misapprehension, it be so considered, and a default entered, on expiration of an order to stay proceedings, subsequent to which the motion is made and obtained, the default, though regular, will be set aside on costs and terms.
   Per curiam.

The affidavit is sufficient, and as full as the circumstances of the case would admit.  