
    Phelps ads. Stafford.
   HE Attorney for the Plaintiff had entered ,JL the Default, the laft July Vacation, before the Rule for pleading had expired, and the Default being entered, he had refufed to accept a Plea from the Attorney for the Defendant; who, having fhortly thereafter difeovered that the Default had been prematurely entered, gave a Notice of a Motion, as of the enfuing Oftobcr Term, to fet it abide, and no Counfel appearing to oppofe the Motion on the Part of the Plaintiff, it was granted of Courfe.

The Attorney for the Plaintiff, when the Notice was ferved, reiided in Albany, but happening at the Time to be out of Town, and his Office ihufc up, and he having not long before expreffed an Intention that he probably would remove into the Country, the Attorney for the Defendant had fup-pofed he had removed, and not finding he had appointed an Agent, the Notice had been affixed up in the Clerk’s Office. The Judgment has lince been entered, and Execution taken out againft the Defendant, and Procefs iffued againft the Bail.

Ordered, That the whole of the Proceedings, from entering the Default incluíive, be fet afide, and the Coils to abide the Event of the Suit.  