
    Anonymous.
    Where a mo, ^“defauitfit may be open 6(1 and hfitLTCl at another day ™ th® same term, of course, ded the eounthe default is ^)ie”1a^mo tion is made ti>e
    A motion to set aside proceedings having been taken by ■default, the first day of this term, it was moved at a subsequent day to open it; and the counsel who took the default * being in Court, this was allowed of course, and the motion was heard without any excuse for not opposing.
   Note. I remember the same practice in this Court in a number of cases, within a few years past. What drew my attention particularly to it was this : in 1818 or 1819,1 had, on the first day of term, taken a rule by default for judgment as in case of non-suit; and at a subsequent day, Talcott moved to open the matter, and that he have leave to stipulate. This I opposed, because he had shewn no excuse for not appearing when the motion was made. But the Court said, that all this being at the same term, and the counsel who first moved being present, it was of course to open the matter; and Talcott had leave to stipulate, accordingly.  