
    YARD, ADMINISTRATOR OF PHILLIPS, v. HUNT AND VANCLEAVE, SURVIVING OBLIGORS.
    A copy of the deelaration, or notice of filing it, should always he served on defendant. _
    On a set. fa. The plaintiff had filed his declaration on the 12th of May, 1791. Leake moved for time to plead, until the 20th of October, alleging that a copy of the declaration had not been served on him, or any notice of filing it.
    
      R. Stockton opposed it, unless Leake would accept of notice of trial now.
   Per Cur.

If the plaintiff is delayed, it is by bis own neglect. A copy of the declaration, or notice of filing it, should have been given,

Take your motion. 
      
      
         By the existing practice act in New Jeraey, parties must take notice of the rules and pleadings in the office.
     