
    Sassenburgh against P. B. Shaver.
    1. Rules to plead should be renewed from term to term, until they are served.
    2. The service of an expired rule is a nugatory service.
    A rule had been taken upon the defendant, at the November term, 1823, to plead in thirty days. At February term following (the defendant failing to plead) a motion was made-for judgment by default. This motion was refused, because the rule had not been served on the defendant. After the-February term, viz. on the 6th of March, 1824, the rule to-plead was served on the defendant, and now
    
      Miller, for the plaintiff,
    moved for a judgment by default for want of a plea.
    
      
      Frelinghuysen
    
    opposed this motion upon the ground, that the rule had expired, as a term had intervened before it-was served, and, therefore, that the service of it was altogether nugatory.
   *Kirkpatrick, O. J.

The service of an expired rule is a nugatory thing. The correct mode of practice is to renew the rule from term to term until it is served.

Bossell, J. concurred with the Chief Justice.

Ford, J." doubted.

Motion for judgment refused.  