
    
      John A. Ekhart v. Justus Dearman.
    
    OSTRANDER moved to set aside the default and all subsequent proceedings on the following facts: On the second of October, the declaration was served on an agent. On the eleventh, the defendant gave notice of a motion, to be made the 12th of November, for leave to change the venue, but on the 10th, the plaintiff entered a default, and never appeared on the 12th, to oppose the application, in consequence of which the venue was changed as of course.
   Per Curiam.

The defendant’s conduct has not been perfectly regular. He ought, according to the rules of practice, to have obtained a judge’s order to enlarge the time to plead, or a cer tificate to stay proceedings. But though there was an irregularity in the defendant, and the plaintiff was correct in entering the default, he has waived both by silently acquiescing in the event of a motion, which he knew must be successful. By not appearing his language is, I consent to the application. If so, he certainly agrees to relinquish the default, and every other. advantage»  