
    Burrows against Hillhouse.
    Where the venue is changed in a cause, the defendant is not untitled to 20 days to plead to the new declaration.
    H. BLEECKER, for the defendant, moved to set aside the default entered in this cause, for want of a plea. At the last term the venue had been changed in the cause, and the defendant’s attorney supposed that he was entitled to 20 days to plead, after the service of a copy of the new declaration ; and did not, therefore, put in a plea before the rule to plead to the first declaration had expired.. The action was for a libel, and the defendant swore that he had a good defence on the merits.
    Russel, contra.
   Per Curiam.

The practice has been long settled, that the defendant is not entitled to 20 days to plead to the amended declaration; but we grant the rule, on payment of costs.

Rule accordingly.  