
    Smith and others against Wells and others.
    Where a pl6£l was delivered to the plaintiff’s attorney, who cierk’ioffice.aud onfiie entered a default, for ■want of a plea; the court consifault as a nuiticuseaa<fo?° proceeding to .trial on the plea. tbhbe governed by the nigs delivered to him, and not search the office, to see rigbalsarefUed.
    FOOT, for the defendants, moved for judgment, as in • « 'U v case of nonsuit, for not proceeding to trial in this cause.
    
      Woods, contra,
    read an affidavit, stating, that a default been entered in the cause, for want of a plea. It appeared that after a copy of the plea had been delivéred, 1' 1 ’ the plaintiff’s attorney searched the clerk’s office, and finding no plea on file, he entered a default, for want of a He cited 3 Caines's Rep. 107.
   Per Curiam.

The motion must be granted, unless the enters into the'usual stipulation. The attor- . 1 ney is to be governed by the pleadings delivered to him, • and is not to search the clerk’s office. The plaintiff’s attorney, when a copy of a plea is received by him, is t® take it for granted, that the original is on file. ‘  