
    Samuel Judd, Petitioner for a Review, versus George Buchanan.
    Of granting a review.
    The affidavit of the petitioner stated only that he intended tc have made a defence in the former action, and that he was defaulted by accident, but did not contain any denial that he owed the amount of the judgment recovered.
    The respondent did not appear.
   The Court,

perceiving that the declaration in the original action was very defective, and the demand of such a nature that the defendant would not probably suffer judgment to go by default, said that, although the affidavit was very imperfect, the review ought to be granted upon terms; and it was accordingly granted, the respondent to have leave to amend his declaration, and the costs of the review to be subject to the discretion of the Court, according to the merits as they should hereafter appear.

Heald for the petitioner.  