
    John Thompson and Charlora Adams against Amaziah Payne.
    If a notice of retainer of attorney, be sworn to have been given on one side & deni ed on the other, for want of which a default has been entered, it will, with the subsequent proceedings be let aside, on payment of costs, if accompanied with an affidavit of merits, and there is reason to think there has been some mistake.
    MOTION to set aside a-default’and all subsequent proceed-on an affidavit of'merits by the defendant, and two affidavits by the attorney-and his clerk, that a notice of retainer had been duly served on the agent Of the plaintiffs’ attorney,' but which, from misapprehension of the Christian name of Adorns, had been entituled John Thompson ahd Charles Adams against the defendant.
    On the opposite sidq, the attornies of the plaintiffs swore positively, that they had never received any notice of retainer in the present suit, or any other' in the title of which the Christian name of Charles, was used instead of Charlora.
   Kent, C. J.

There must have been some mistake in this business, and as merits are sworn to, let the default and proceedings be set aside on payment of costs, '  