
    
      Hausenfrats ads. Graves.
    
    MOTION on the part of the defendant, to set aside a default on affidavit, stating that the declaration was filed the 28th of January, and served by being put up in the clerk’s office; that the default was entered on the 19th of February, at the expiration of the twenty-day rule, no attorney having been then employed.
    It was now contended, that as no attorney was employed by the defendant, the declaration should have been put up in the office forty days before default entered, according to the 8th rule of January term, 1799.
   Per Curiam.

The rule cited only applies to a case where an attorney is employed for the defendant, but neither lives in town nor has an agent there.

The defendant must take nothing by his motion.  