
    RAOUL vs. DANBOIS.
    Spring 1812.
    II. District.
    Defendant's affidavit, of a good & equitable defence will not set aside a judgment by default.
    I. Baldwin,
    moved to set aside a judgment by default, on an affidavit of the defendant, that he had agood and equitable defence.
    Hopkins, for the plaintiff.
    The affidavit is insufficient, the cause ought to be set forth. The Court always require it, on a motion for a new trial. 1 Martin, 148. André vs. Bienvenu.
   By the Court.

The case of a new trial is not perfectly analogous, because the presumption which arises from the vetdict or judgment of the Court, is much stronger than that which results from the delay or neglect of the party: but, by the act of 1305, ch. 46, sect. 4, a judgment by default is to be set aside, on shewing, not on ledging good cause.

Motion denied.  