
    Hausenfrats ads. Graves.
    MOTION on the part of defendant, to fefc a fide a default on affidavit, ftating that the declaration was filed the 28th of January, and ferv-ed by being put up in the clerk’s office ; that the default was entered on the 19th of February, at the expiration of the twenty-day Rule, no attorney having been then employed.
    It was now contended, that as no attorney was employed by the defendant, the declaration ihould have been put up in the office forty days before default entered, according to the 8th Rule of January Term, 1799.
   Per Curiam,

The Rule cited only applies to a cafe where an attorney is employed for defendant, but neither lives in town or has an agent there.

The defendant muft take nothing by his motion.  