
    Stephen D. Bross vs. James B. Nicholson.
    Where a plea is served by mail, the whole postage must be paid. If it appears that part is paid and part is due, the service is bad.
    
      Motion by defendant to set aside default for not pleading in this cause, and subsequent proceedingsfor irregularity.—Declaration was served 28th January, 1845; plea and notice served on the 8th February; and default entered on the 27th February last. On the said 27th February, E. S. Derry, defendant’s attorney, received through the mail from plaintiff’s attorney, notice of the execution of a writ of inquiry in the cause, addressed to him as defendant’s attorney. Defendant’s attorney filed the plea and notice on the said 8th February, 1845, and served a copy thereof by depositing it in the post office, in an envelope, in the city of New York, directed to plaintiff’s attorney, at Goshen, Orange county, and paying the postage thereon. George Van Inwegen, plaintiff’s attorney states, that he refused to take the letter from the post office, enclosing the plea, for the reason that the postage had not been fully paid. There was post marked on the letter, “ Paid 10 ; due 10.”
    C. Stevens, Defts Counsel. E. S. Derry, Lefts Atty.
    
    A. Taber, Plffs Counsel. Geo. Van Inwegen, Plffs Atty.
    
   Bronson, Chief Justice

Denied the motion, on the ground that the, postage was not paid ; part payment did not come within the rule.

Decision.—Motion denied with costs.  