
    Byron and another ads. Lefferts.
    THE declaration with oyer was served on defendant’s attorney and afterwards having been discovered to be incorrect, was amended and served de novo, without a new oyer, the one delivered being correct: the defendant’s attorney refused to receive this declaration without a new oyer, on which plaintiff proceeded and entered a default; and now
    
      T. L. Ogden for defendant moved to set the default aside.
    
      Hopkins contra.
    
   Per Curiam.

The service of oyer de novo was altogether unnecessary. The defendant must take nothing by his motion.  