
    Gardinier against Crocker.
    A clear mistake of the time when a writ is returnable, will, if merits be shewn, excuse a default, on payment of costs, and pleading issuably.
    
      W. Van Ness
    
    moved, in an action of assault and battery, to set aside the default and subsequent proceedings on two affidavits: one by the defendant, stating, that he thought the writ was returnable as of this term, and had a good and substantial defence ; the other by himself, that he had been retained to defend, but was informed the writ was returnable the first Monday in this August, and had not therefore given notice of retainer.
    
      Van Vechten, contra,
    stated the writ to have been returnable in May.
    
   Per curiam.

Take your motion, on payment of costs and pleading issuably.  