
    Trotter & Douglass against Hawley & Rose.
    One of the defendants having omitted to put in special bail, the plaintiffs’ attorney, for that reason, refused to receive a plea ; but a few days after filed common bail, and entered a default, and it was holden regular ; but set aside on affidavit of merits, upon terms.
    The plaintiffs having declared, do bene esse, and special bail being due, one of the defendants had omitted to file bail. A plea was offered to the plaintiffs’ attorney, which he refused to receive for that reason; but, a few days after, he filed common bail, and entered the defendants’ default.
    
      On motion to set aside the default for this reason, and on an affidavit of merits,
   Per Curiam.

This was disingenuous in the attorney, but his proceedings were regular. There being an affidavit of merits, we set aside the default on the usual terms.

Rule accordingly, 
      
      
         Vid. Wells v. Allen, ante, 60.
     