
    Graves against Miller.
    Service of notice of a rule for assignment of errors must either be personal, or good reason be shown whyitis not, and that it has been left at the last usual place of abode of the party, if he has removed from the county. On a petition for a paitition of lands under, the act, the court must appoint a guardian. The guardian appointed by the surrogate is not competent to act in the case. If the plain-tin" consent to go to trial on a bad plea, be cannot, after-wards, set aside the verdict, because the judge at the trial admitted evidence that did not authorise its admission. AVhcther under a plea of nildebet to an action of debt, on a judgment, the defendant, on a notice for that purpose, can give any special matter in evidence,
    
      Root moved to set aside a judgment taken by default in this cause, and the subsequent proceedings.
    Sherwood, contra,
    read an affidavit of the service of the notice of a rule, for the assignment of errors, on the defendant by affixing the same in the clerk’s office ; and stating further that the defendant had removed out of the county.
   Per curiam.

The service, in such case, must be either personal, or it should be satisfactorily shown why it was not so, and that it has been left at the party’s last usual place of abode. '

Rule granted..

IN the matter of Stratton, and others, on a petition for the partition of lands, the court said, that the general guardian appointed by the surrogate, was not sufficient to authorise him. to act for the infants, but a new appointment of a guardian must be made by the court, under the act.  