
    Philips and Philips against Blagge.
    An inquest, (a-ken by^kfimh" was set-aside 0f the attorney of the defendant, that from the representations made to him, by the defendant, and the papers he had examined, he verily believed that the defendant had a legal defence. Counter affidavits, are not allowed to be read in opposition to such a motion.
    HENRY moved to set aside the inquest taken in this cause at the last sittings, in New-Tork. The affidavit of the attorney of the defendant, stated that the defendant was absent beyond sea, and had represented to him, that he had a good and substantial defence on the, mérits; and from his representations, and the papers produced, he verily believed there was a legal defence. The inquest had been taken out of its order, on the calculation of causes.
    Sedgwick, contra,
    offered counter affidavits; but The Court said, that it was settled, that no counter-affidavits could be read in such a case, The plaintiff had no right to go to trial, when the defendant was called, and he took the inquest by default, at his peril; and the court will always set aside a verdict, so taken, when they are satisfied that the defendant has a good defence.
   Rule granted;  