
    James et al. versus Young.
    JUDGMENT being entered by default at the first term, Mifflin had obtained a rule to shew cause why it should not be opened, upon the affidavit of a third person, that the Defendant was bed-ridden, and that there was a just and conscionable defence.
    Todd a terwards opposed the action as grounded upon the affidavit of a third person.
   But

By the Court:

A third person fully acquainted with the circumstance ought certainly to be admitted to make the affidavit of a defence when the party himself from extreme sickness is incapable of making it; but when he is present, and subject to no disability, it is regularly incumbent upon him to do it. This, however, it a case under very particular circumstances; and the judgment was entered at the first term. We think, therefore, the judgment ought to stand as a security; but that the Defendant must be let into a trial upon an issueable plea.  