
    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, the plaintiff not having 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 plead; 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.  