
    New-York State Bank vs. Wood.
    ALBANY,
    Dec. 1833.
    An attorney, sued by declaration under the statute, is entitled to notice of suB^ sequent proceedings, the same as if sued by MIL
    
    The defendant, on an affidavit that he was a practising attorney of this court at the commencement of this suit, which was by the filing and service of a declaration under the statute, and had not been served with a notice of assessment or inquiry, moved to set aside all proceedings subsequent to the default, it appearing that an execution had issued.
   By the Court,

Sutherland, J.

Notwithstanding that the defendant was not sued as an attorney by bill, being a practising attorney at the commencement of the suit, he was entitled to notice of the proceedings subsequent to the declaration.

Motion granted.  