
    *Lefferts against Byron.
    
    Where a declaration has been served with oyer, and the declaration is after-wards amended,.and a copy-of the amended declaration served on the defendant, a new oyer need not be delivered.
    The declaration with oyer in this cause, was. served on the defendant’s attorney. The declaration being afterwards discovered to be incorrect, was amended, and served de novo, without a new oyer.' The defendant’s attorney refused to receive the amended declaration, without a new oyer,, and the plaintiff proceeded and entered a default.
    
      T. L. Ogden,
    
    for the defendant,
    now moved to set aside the default.
    
      Hopkins, contra.
    
      
       S. C., C. C. 110.
    
   PerCuriam

There was no necessity for serving a new oyer with the amended declaration, the first being correct. The motion must be denied.

Rule refused. 
      
       Gra. Prac, 2d ed. 522.
     