
    Jackson, ex dem. Payn, against Yale.
    A delivery of papers to attorney!" while such 0g¡cej is a va_, ^ethg®rvi^| attorney is there present, or “ absent*
    Butler, moved for judgment as in case of non-suit.
    S. A. Foot objected,
    that the affidavit of service stated that the papers were served on the plaintiff’s attorney by delivering the same to a clerk in -his office; without stating that the attorney was either absent from home, or absent from his office.
    
   Curia.

Service on a clerk, while in the office, is sufficient, whether the attorney he there or not.

¡Motion granted.  