
    Van Alstine against Brower.
    ^eri^nee<1 to obtain rellef against a fault, aeciden^Í1lyí-0V not assigning errors,
    The plaintiff was ruled to assign errors. Pending this rule, his attorney filed an assignment of errors, and gave a copy thereof to Mr. Chamberlin, who undertook to serve it on the defendant’s attorney ; hut forgot to do this, until, the rule to assign errors having expired, the plaintiff’s default was entered, and a rule for judgment of nonpros was taken against him.
    
      Dodge, on these facts, moved to set aside the default and all subsequent proceedings, upon payment of costs; which I opposed, upon the ground, that the defendant being regular, merits, or some legal ground for prosecuting the writ of error, ought to appear by affidavit, or otherwise ; But,
   Woodworth J. observed, that the rule requiring merits to be shown, in order to relieve the party against a default, had never, within his recollection, been extended to this case.

Motion granted.  