
    
      Edwards ads. M'Kinstry.
    
    ON a motion to set aside a default, and that the defendant have leave to plead, on the sole ground that he has merits, and that the plaintiff has not lost a trial, the court said,
   When a party swears to merits, the court will strongly incline to let him in, but he must be able to suggest some excuse for not having pleaded; such, perhaps, as accident or inadvertence. Here the defendant does not attempt to give any reason at all, and therefore he must take nothing by his motion.  